## Facts

- E. L. Simpson, a federal prison officer, helped supervise the 1934 transfer of Al Capone from the Atlanta Federal Penitentiary to Alcatraz.
- American Broadcasting–Paramount Theatres, Inc. and a local Atlanta television station aired a two-part episode of “The Untouchables,” titled “The Big Train,” dramatizing that transfer.
- The telecast incorporated multiple accurate historical details (including the date, real persons’ names, prison numbers, and authentic prison footage), allegedly conveying an impression of factual authenticity.
- The program also depicted a Bureau of Prisons officer engaging in fabricated criminal conduct, including taking money from Capone, assisting an escape attempt, standing by during the shooting death of another officer, and passing inside information about the train departure.
- Simpson alleged he was not named, but viewers familiar with the historical circumstances would identify him as the depicted corrupt officer because he was one of only two officers responsible for Capone’s detailed custody during the transfer.
- Simpson sued for defamation by broadcast in two counts; defendants filed general and special demurrers challenging legal sufficiency and particular allegations.
- The trial court overruled the demurrers, and defendants appealed.

## Issues

1. Whether defamation by radio or television broadcast is treated as libel or slander, or as a distinct category of defamation under Georgia law.
2. Whether the petition sufficiently alleged that the broadcast was “of and concerning” Simpson despite not naming him, based on extrinsic facts.
3. Whether the broadcast was actionable as defamation of Simpson as a member of a small group (two officers) and/or as a member of a larger group (sixteen officers).
4. Whether the trial court correctly overruled defendants’ special demurrers to particular allegations.

## Decision

- The Court of Appeals of Georgia affirmed the trial court’s overruling of the demurrers.
- The court treated broadcast defamation as a distinct category (“defamacast”), presenting a factual setting not addressed by common-law libel/slander classifications.
- Count 1 stated a claim because the petition alleged sufficient extrinsic facts to connect the portrayal to Simpson individually and, alternatively, as a member of a two-person group.
- Count 2 stated a claim on the same individual-identification and two-person-group theories, but not on the theory that Simpson was defamed as a member of a sixteen-person group.
- The special demurrers were properly overruled.

## Legal Principles

- Defamation by radio or television broadcast may be recognized as a separate form of defamation (“defamacast”) rather than forced into traditional libel/slander categories.
- A plaintiff need not be named to plead defamation; it is sufficient to allege extrinsic facts showing that persons familiar with the circumstances would reasonably understand the publication to refer to the plaintiff.
- Defamation directed at a very small, readily identifiable group may be actionable by each member when the statement could reasonably be taken as referring to each; the same is generally not true for a substantially larger group absent additional identifying context.
- At the pleading stage, allegations mixing factual historical markers with a fictional defamatory portrayal can be sufficient to proceed when those markers plausibly identify the plaintiff.

## Conclusion

The court allowed the defamation-by-telecast action to proceed, holding that broadcast defamation can be pleaded as “defamacast” and that a plaintiff may satisfy the identification requirement through extrinsic facts or membership in a very small group, while rejecting a broad group-defamation theory based on a substantially larger class.


American Broadcasting-Paramount Theatres, Inc. v. Simpson, 126 S.E.2d 873 (Ga. Ct. App. 1962)