| Show Question of Malice Is in Argued Constance's Suit LOS ANGELES Oct 17 tS Jp- Jp Constance Bennetts Bennett's libel suit against Radio Commentator Jimmy Fidler became a question to today today today to- to day of whether he was without malice when he discussed her on his program a few months ago Superior Judge Robert W. W Kenny In n a ruling clearing the way for foran an early trial held that under California Califor Califor- I nia law v certain remarks directed against a public character are privileged privileged eged even though false if made without malice Miss Bennetts Bennett's counsel argued that hat a film personality should not be classified with official public fig fig- ures Fidler was accused of saying saying say- say ing ng Miss Bennett had been haughty snubbed interviewers and fallen I from rom cinema glory |