The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1879-10-22

of the constitution of Missouri as il
now stands provides: s'that no law
shall be passed impairing the freedom
Of speech; that every person shall be
free to say write or publish whatever he
will on any subject, being responsible
for any abuse of liberty; and that i'm all
suits and prosecutions for libel the truth
thereof may be given in evidence and
the jury under the direction Ofthe court
shall determine the law and the faets.D
This Is substantially the same provision
found in the constitution Of 1870 and
1865 People who are afraid to have
the truth made public will see that the
press in Missouri need not fear to print
whatever may prove advantageous To
the public, and Is at the same time true
Ii is the truth which cuts the deeDesf
BY defamation is understood a false
publication calculated to bring one info
disrepute. SANDER is oral defamation
published without legal excuse, and IibeI
Is defamation published by means of
writing, printing, pictures, images or
anything that is the object of the sense
Of sight. A man is not always DETAINED
by the publication of the truth concern
ing him. One of our ablest law writers
goes even further than this. He saws.
"The freedom of the press was undol1bt-
ly intended to be secured ON publi,.
grounds, and the general purpose NAV
be said to be to preclude those in ar-
thOrity from making use of the machin-
cry Of the law to prevent full discussion
Of political and other matters in which
the public are concerned. With this
end in view, not only must freedom of
discussion be permitted, but there musf
be exemption afterward from liability
for any publication made i'm good faith
and in the belief in its truth, the max
ing OF which, II true, would be justified
by the occasion There should, conse-
quently, be freedom in discllssin0 i'm
good faith the character, the habits. the
mental and moral qualifications of ann
person presenting himself or presented
by his friends as a candidate for a Duh-
lie Office, either to the electors or To a
board or officer having powers of an
pOintment- The same freedom of dis
sion should be allowed when the char
acter and official conduct of one holt
ing public Office is in question and i'm
all cases where the matter aee,,se,I Il
one of public interest.
The substance of this is embodied in
the statutes of the State of PennsvIva-
MIA, and in n case recently tried i'm that
state the court held that a minister H.
ing public official had no lust cause of
complaint because of the publication Of
matters concerning him, which were
generally believed to be true.
There Is nothing too harsh To be said
of a newspaper that deliberately puI,-
fishes statements known to he unfr,e
and which bring into disrepute limo
cent people. But the newspaDer which
undertakes tOfIrnish the news fails i'm in
duty if through q false sentimentaIifv
it does not make public whatever. If
hidden, might injure society. In il not
by covering up and hiding from the
public the misconduct of DeODle who
claim To be reputable citizens that the
highest civilization may be reached.
This plan has been tried too often and
has too often failed. When an individ-
ual i'm private life so acts as To bring re-
Proach not only upon himself but upOn
others associated with him his action
becomes matter of public interest and
therefore proper subject for newspa-
per dIsctIssiOn- so also of a corporation
or am association of individuals. In
deed, whatever i'm any way tends to
the injury Of society or to the tramp-
ling down of the rights and interests of
the public, Is matter for public discus
sion, whether the offending parties be
private citizens. corporation or public
officials. This n the rule which guides
the 1fAaes-JOt07sGi, and the rule vii! be
strictly adhered to without fear. favor
or affectlOn.-1IB ses-.lo07aol.