Letter from Jim Peron to Barbara Branden, Oct. 9, l998:
I was shocked to learn that Peikoff called Elayne Kalberman and asked her if it was possible that you had a key to the NBI offices in the Empire State Building after the break and therefore were able to steal the Atlas Shrugged manuscript pages then. In other words, he is accusing you of theft or is raising this as a possibility. Peikoff, grasping at straws, by virtually accusing you of stealing simply shows the bankruptcy of his frantic attempt to take from you that which rightfully is yours. Does Prof. Holzer believe that Peikoff's statement, even though in the form of a question, constitutes defamation for which you can sue him?
"This is my answer to the question posed by Jim Peron. Anyone who states, or implies -- or even puts the notion in the form of a question -- that you and/or Bob Hessen may have stolen your Rand manuscripts has uttered an actionable slander for which they will be liable. Indeed, in some jurisdictions accusing someone of a crime is considered 'slander per se,' enabling the person defamed to get to a jury without the need to prove damages. In that situation, the jury can award whatever it wishes. Without getting into technical legal details, suffice to say that even if you are some sort of a 'public figure,' that status will not necessarily insulate the defamer from liability and damages."