The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1868-04-02
Prosecutions for Libel.

The laws relating to newspaper ibels,
both in this country and Europe, have al
most invariably been unduly severe upon
the press. This has, however, been the
case chiefly with respect to the letter of
the law, for it has but rarely been enforced
to the oppression of the newspaper interest.
That venerable and well informed individ-
ual known as the "oldest inhabitant " IAN
scarcely recollect an instance WHERE
newspaper publisher has been subjected to
anything more than mere nominal dam
ages for utterances in his journal claimed
to be libeious. But this very fact, togeth-
er with the fact that such suits are so often
brought, and that publishers are so fire.
quently subjected to the necessity of en-
ploying counsel to defend them from silly
or malicious prosecutions, show that some
thing has been wrong about our laws, and
that they have not kept pace with pub
lie opinion and the changed condition of
affairs.
A recent decision of an English Judge of
high rank shows how the prerogatives, or
rather the rights, of the press are regarded
in that country. An editor of tho Pail
Mall Gazette openly denounced in the col
umns of that paper, certain American
physician as a ouack. The physician
brought suit, and, we believe, proved that
he was no q'7eck but the judge decided
that tie publishers of the Gazette could not
be held liable for damages, even if the OBJ
jectionable statements should be proven
to be erroneous, provided it appeared that
no malice actuated them. The particular
point made by the judge was that the pub
lie interest demanded that writers for the
press. in their impersonal character of
critics on behalf of the public, should be
allowed wider liberty Of expression than
individuals; and hence that the statement
made by the editor of the Gazette, though
it might have rendered him liable if
uttered in conversation, or even IN pri-
vate, over his own name, did not render
him liable, uttered editorially, as pub
lie censor and conservator of the public
interest. ~
A recent case in New York, both parties
to which are well known in the vicinity of
that city, further illustrates the tendency
of public opinion in this direction. The
case is that of Dean cs Beach. The case
is clear one of injury done the plaintiff |;
but as it is shown to the jury that this in
jury was not done through any malicious
intent or criminal carelessness on the part
of the defendant, he is acquitted of all
liability in the matter. 1t is pleasant to
notice that the State of Wisconsin, and we
believe also. Minnesota, has taken another
step in advance by imposing the burden of
proof in libe. cases upon the plaintiff in
stead of the defendant and also providing
that no publisher of a newspaper shall be
liable for damage on account of any Ian
guage that may occur in public speeches,
and trials reported in such newspaper
These laws, while they do not-as they
manifestly should not-shield any pub
Usher in wanton or malicious attacks upon
any PERSONS character or business, do pro-
tect him from petty and malicious prosecu-
tions from every miscellaneous person who
may deem himself offended or injured by
newspaper item. Therein they encour-
age the Journalist to do more faithfully his
people at large, whose servant he is.-CAi-
cag9 Post.