</s>104-10104-10389 TRANSMITTAL SLIP DATE TO: TO: John Warner ROOM NO. BUILDING 7 D 01 REMARKS: ACT APPROVED FOR RELEASE 1993 JFK ACT CIA HISTORICAL REVIEW PROGRAM RELEASE FROM: Joseph C. Goodwin Assistant to the Director ROOM No. BUILDIN EXTENSION FORM NO. 241 REPLACES FORM 16-4 (69) 1FEB 53.241 WHICH MAY BE USED.

Summary  
This memorandum from October 1968 addresses a legal inquiry regarding whether the Director of Central Intelligence could initiate a libel suit against Mark Lane or other authors who published slanderous articles attributing responsibility to the CIA for the assassinations of President John F. Kennedy and Dr. Martin Luther King, Jr., in New York City. The document references U.S. Supreme Court rulings, particularly *New York Times v. Sullivan* (1964), which established that public officials must prove "actual malice" to recover damages for defamatory statements about their official conduct. It notes the difficulty of proving such malice without exposing CIA operational sources and methods, citing an example involving testimony from a libel suit against Ralph Ginsburg, editor of *Fact Magazine*. The memo also references an Alabama state case involving the Birmingham Police Department and emphasizes the absence of federal criminal statutes for libel, highlighting the complexity of proving damages. It concludes that while such articles are false, pursuing legal action would risk providing further publicity to their authors.  

Key People  
- Mark Lane: Author of slanderous articles attributing CIA responsibility for JFK and MLK assassinations.  
- Ralph Ginsburg: Editor of *Fact Magazine*, referenced in a libel suit example.  
- John K. Grayney: Assistant General Counsel, OGC.  
- Joseph C. Goodwin: Assistant to the Director (CIA).  

Key Locations  
- New York City: Site of MLK’s assassination.  
- Birmingham, Alabama: Location of a referenced state-level libel case involving the Police Department.  
- Washington, D.C.: Headquarters of CIA and OGC.  

Key Events  
- Legal discussion on CIA's potential libel suit against authors blaming the agency for JFK and ML, Jr.’s deaths.  
- Reference to *New York Times v. Sullivan* (1964) and its implications for proving "actual malice."  
- Mention of a Senate Judiciary Committee case involving Ralph Ginsburg.  
- Analysis of Alabama state libel law versus federal statutes.  

Key Organizations  
- Central Intelligence Agency (CIA): Subject of libel claims.  
- Office of General Counsel (OGC): Issued the memorandum.  
- Senate Judiciary Committee: Involved in a referenced libel case.  
- New York Times Company: Mentioned in the *Sullivan* case.

MLK Declassified Files

00429265_libel_suit_104-10104-10389.pdf

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