Pauling’s Libel Bid Tossed Out NEW YORK (UPI) — State Supreme Court Justice Samu- el J. Silverman Tuesday threw out Nobel prize winner Linus Pauling’s $1 million li- bel action against William F. jBuckley Jr., editor of the )\magazine National Review. 1| Pauling had based his com- t|plaint on two articles in the National Review, one of which ;|had referred to him as a ‘‘fel- |low-traveler.”” Silverman based his deci- sion on a U.S. Supreme Court ruling which held that public officials are limited in recov- ering damages for libel unless they can prove actual malice or reckless disregard of the truth. In ‘effect, he extended the ruling to cover public fig- ures as well as public offi- cials. | “It is clear that, if any private citizen has, by his con- duct, made himself a public ‘figure engaged voluntarily in public discussion of matters cf grave public concern and controversy, Dr. Pauling has done so,” Silverman said in his 13-page decision. of the National Review arti- cle, Silverman found Pauling had failed to prove that there had been reckless disregard of whether the article was false or not, Silverman said Pauling had rights.” doing he also limited his legal remedies for any claimed libel Without ruling on the truth, “acted well within his. legal). “I merely hold that by so of his reputation,” the “ep pn ste fod $1 Million Buckley hailed the ruling as a victory. Pauling declined to: comment. His lawyer said it was not yet decided whether to appeal the decision. |