While Welles waited, Weissberger planned for the worst and considered the tangible civil actions Hearst might realistically take. Some thought Citizen Kane libeled Hearst, but Weissberger believed that Hearst did not have a case for libel, and the facts were on Welles’ side.

“We have not used Hearst’s name, portrait, or picture,” Weissberger told Welles. “On the contrary, we have done everything possible to avoid using Hearst.”

Weissberger’s opinions were reinforced by the views of RKO’s own lawyers, who had, of course, long before reviewed and cleared the script for potentially litigious content.

When the Hearst attacks began, they screened the film along with Hollywood attorney and power broker Mendel Silberberg and reconfirmed that there was nothing in the film that was actionable.

However, Weissberger also warned of a danger even greater than actual legal proceedings.

“There is nothing to prevent Hearst from starting actions to cause as much trouble as possible, even though he does not expect to be and is not ultimately successful,” Weissberger told Welles.

“If he is bent upon doing all he can to have the picture withdrawn, he may decide to use all his legal machinery to harass RKO in order to bring pressure.”

Weissberger was right: the Hearst organization neither filed for an injunction to stop the film’s release nor brought an actual lawsuit. However, the hints that Hearst would seek an injunction against the picture and stop its distribution were rumored endlessly, further reinforcing the stress.

But RKO could hardly afford to be involved in a legal action that, if lost, would have worsened the company’s already shaky financial footing. Just as damaging to the studio would have been an injunction that prevented the release of the film while the legal wrangling played out.

Thus, a far more effective weapon against RKO was the continuing threat of a lawsuit over Citizen Kane, which dangled over the studio and any exhibitor who wanted to screen the film long after Citizen Kane premiered…