Texas A&M Law Review Volume 1 Issue 3 2014 Immaculate Defamation: The Case of the Alton Telegraph Alan M. Weinberger Follow this and additional works at: https://scholarship.law.tamu.edu/lawreview Part of the Law Commons Recommended Citation Alan M. Weinberger, Immaculate Defamation: The Case of the Alton Telegraph, 1 Tex. A&M L. Rev. 583 (2014). Available at: https://doi.org/10.37419/LR.V1.I3.4 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Texas A&M Law Review by an authorized editor of Texas A&M Law Scholarship. For more information, please contact
[email protected]. IMMACULATE DEFAMATION: THE CASE OF THE ALTON TELEGRAPH By: Alan M. Weinberger* ABSTRACT At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond of that magnitude, one of the oldest family-owned newspapers in the country was forced to file for bankruptcy to protect its viability as a going concern.