Justice Edward H. Lehrner’s decision stated that the articles “employed colorful rhetoric that is the hallmark of hyperbole” and “discuss in an impassioned manner an area of public concern.” He ruled that a political party “that has a ‘socialist’ and ‘revolutionary’ perspective” published the articles for “advocacy purpose,” and that “the statements therein alleged to be libelous are in fact nonactionable opinion.”

The two articles, “WCI Steel bankruptcy robs workers’ pensions” and “Is Renco robbing steelworker pensions?” were published by Workers World on February 14 and February 23. The first article, which outlined WCI Steel’s efforts to shield itself from pension obligations through bankruptcy proceedings, stated, “After robbing the pension fund, Renco now claims it can cover the shortfall.” On February 16 attorneys from the firm Arnold & Porter LLP sent a letter to Workers World editor Deirdre Griswold threatening legal action if the paper did not retract the article and issue an apology. “The paper is standing by the article unconditionally and refuses to accept Arnold & Porter’s ultimatum,” responded Griswold in the February 23 article.

Shortly thereafter Renco filed a defamation lawsuit in New York State Supreme Court. Attorneys for the company claimed that by using the word “rob,” Workers World accused them of “forcible stealing.” Lehrner’s decision noted that “the implication to the reasonable reader... is not one of criminality by the stealing of pension funds.”

“We’ve said all along that we have the right to call the robber barons by their true name,” wrote Griswold in an October 19 article announcing the victory. “Now a court has affirmed it.”  
 
 
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