## Facts

- Joseph R. Clevenger authored a New York practice guide in 1922 and sold the book and its copyright to Baker Voorhis & Co. in 1923.
- From 1923 through 1956, Clevenger edited annual editions, building a professional reputation as editor of the series.
- In 1956, Clevenger stopped editing the guide and withdrew consent for the publisher to use his name as editor on future editions.
- The publisher issued a 1957 edition using Clevenger’s name as editor and later corrected the attribution.
- In 1959, the publisher released another edition that allegedly contained numerous legal errors and misstatements, but listed only Clevenger as editor on the title page, despite his noninvolvement and lack of consent.
- Clevenger alleged the false attribution would mislead readers into believing he edited the error-filled edition and would damage his professional reputation; he sued alleging libel/defamation.

## Issues

1. Whether falsely attributing editorship/authorship of an allegedly error-ridden professional publication to a known author/editor, after withdrawal of consent, can constitute actionable libel based on likely injury to professional reputation.
2. Whether a complaint alleging reputational harm from such misattribution states a cause of action sufficient to survive a motion to dismiss.

## Decision

- The New York Court of Appeals reversed the dismissal of the complaint.
- The court held the pleading stated a valid cause of action for defamation based on false attribution likely to harm professional standing.
- The case was remanded for further proceedings.

## Legal Principles

- A false representation that a professional authored or edited a publication may be defamatory when the quality or content of the misattributed work would tend to injure the person’s reputation in the person’s occupation.
- Defamation may occur through implication: using a person’s name as editor/author communicates a factual assertion of responsibility for the work.
- Statements tending to injure a person in the person’s trade, business, or profession are actionable; misattribution of a defective professional work can fall within that category.
- Continued use of an author’s/editor’s name after explicit withdrawal of consent can support tort liability when it falsely holds the person out as responsible for the publication.

## Conclusion

The court recognized that falsely naming a respected legal editor as solely responsible for a materially inaccurate edition of a professional treatise can amount to libel because it conveys professional incompetence and threatens reputational harm, making dismissal at the pleading stage improper.


Clevenger v. Baker Voorhis & Co., 8 N.Y.2d 187, 168 N.E.2d 643 (N.Y. 1960)