TORTS-LIBEL AND SLANDER-ABSOLUTE PRIVILEGE TO PRESS RELEASES OF EXECUTIVE OFFICIALS

Defendant, Attorney General for the state of Pennsylvania, wrote a letter to a District Attorney demanding the dismissal of the plaintiff, an Assistant District Attorney, because of the plaintiff\u27s alleged communistic activities and associations, information of which had been brought to the attention of the defendant by the State Police. Before delivery of the letter to the District Attorney, the defendant released it to the newspapers. Plaintiff brought a libel action alleging the statements to be false and maliciously made. The defendant demurred and the court sustained. On appeal, held, affirmed. Although the defendant himself has no power to dismiss or to compel the dismissal of the plaintiff, the letter supplying information about the plaintiff was written within the scope of his powers, and it is in the public interest that he keep the public advised of his official acts; therefore, release of the letter to the press is absolutely privileged. Matson v. Margiotti, 371 Pa. 188, 88 A. (2d) 892 (1952)