Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1869-01-15
The Subject OF Libel.

THE outrage committed in the arrest of
Mr., Bowles, in New York, justifes
special attention to this subject.
The law Of libel has hitherto been ex-
tremely loose in its structure, resting on
but few actual principles, and those ap-
piled at times with positive eccentriCity
In the different States the same general
principles would sometimes conduct to
very different results But still there has
been steady and visible gain in public
sentiment in favor of the most liberal con-
struction of rules for the commentaries of
the press, the rules themselves being sub
lected moro and more to the definitions
liked by the rights and wants of the com
munity. From the concession that public
men may be criticised freely by the press,
another step is next to he taken to the
right of fair criticism on all public agents
and servants, and persons who direct by
their own hand the corporate interests of
large bodies of the community. What is
expected of the press it should be pro-
tectcd in the performance Of Ithas come
to he regarded among its chief duties, that
1t shall sound the alarm in case of danger,
that 1t shall speak openly in cases of pub
lie abuse, that Il shall administer such
correction as the general sentiment de-
mands voice for; and to perform duties
like these with anything like an impartial
iaithfulness, the public which it serves
owe IL Il protection to correspond, which
shall impart weight to its comments and
point with justice its criticisms.
There are not few, however, who re-
gard prosperous newspapers as a sort of
hunting ground for private avarice. They
lie in wait for what narrow and INSULT
| cient law, not always administered with
just and comprehensive views, may per
haps help them to secure as personal
plunder: The point with them is, not
whether they have been libelcd, nor
whether the public has received an injury
at their own hand, but whether the com
menting journal is rich enough to pay for
the enterprise of suing It, This very pru-
dence in making their choice should go
far toward throwing their cases out of
| court in Limtae. 1t is no question of hurt
to their reputation, but of profit to their
| pocket and where that so plainly coun-
| tervails, II stands confessed that they have
| suffered from no libel. What patent have
| they under which they may bore to the
life and marrow of the public security,
and at the same time call on the cOmmu-
nifty to protect them from exposure in
their work. This plea of "privste char
aCter Is threadbare it is generally those
who would work iniquity in private, and
| without fear of Censure, who are so sore
on the sacredness of regulations which
have already become notorious. 1t is dis
covery and exposure that they fight, with
the help of the law not personal injus-
tice, much less public injuries.
In order to reach and include the quail
| tications above suggested, in cases Of libel
in the courts, there should be an immedi-
ate enlargement Of the grounds of justili-
cation for the public press 1t should like
wise be competent for the defence to inn
press into its service freedom and scope
of evidence that shall fairly represent the
more enlarged and Just views of the COM
munity. 1t is really question, the cir
cumstances of every case first being prop
erly weighed, whether the individual or
the public deserves the first consideration
for while there can be no justification for
an unprOvoked assault on private charAC-
ter, it must be allowed that the common
safety has a right to exact the treest per
sonal sacrifice in its own defence. Hap
PLY that security requires no such sacri
flee as would be styled tyrAnnical and un
just but does not n ripened public judg
ment declare, with such an exception, that
no individual pique, revengefulness, or de-
sire of COrsair profits, shall take precedence
OF the general rights and securityP This is
the very step, with the proper qualihca-
tions, which the law of libel is yet to take
in the direction of an enlightened and
necessary reform.
II is not pure arrogance in the public
press to assume to be the organ of public
sentiment and opinion. The call, though
tacit, not the less clearly comes from the
public itself And the relation is deli
cate one, though established for such
practical purposes. For that very reason
1t is to be held in higher regard. Such
exalted service, which 1t is not possible to
provide for in another way, deserves ade-
quate guarantees of protection. Indivld-
ual rancor and chagrin ought not to be per
mitted, with the law itself as their instru
ment TO batter down one of the strongest
safeguards of modern society. The Law
should answer more perfectly TO the liber
allied sentiment of the time, and assume
that the press is performing the highest
service to the public even when criticising
and condemning Ike conduct of the indi-
vidual. New and Broad ground like this
remains to be taken, after which the com.
munity will feel more secure, and sensi-
tive individuals more careful of provoking
the timely visitations of the public judg
ment--BostOn Post.