Opinion
Submitted September 28, 1964
Decided October 1, 1964
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellants contended that their utterances were privileged and protected under the First and Fourteenth Amendments to the Constitution of the United States, as interpreted in New York Times Co. v. Sullivan ( 376 U.S. 254). The Court of Appeals passed upon this question and held that appellants enjoyed no such privilege under the Constitution of the United States.