The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1881-06-17
Tho Liberty ofthe Press.

The Liberty ofthe Press.
The following is portion of judge
pierpoint,s admirable charge TO tho iu-
~ In the case of Knapp We. w. j. Full Il
Ter ct AL, which is worth reading Tor 9
lis clear exposition of the proper con-
duct of the press: -. II
IF Won find that the meaning which
IA attributed TO that article In the dec
ration t in This case is The true near Ia
that that was the object and pp' ing
il by the parties who publish =, pose Oh
the court tells You that it 'e ,;ia linen :i
ilself. It constitutes III 'ipe'ous III
tutes charge whict n ma,, ~ co ,,,,
to make against onoihor man ,ni las ~ ~
able to make y &c trnth of Il annssr WI rs
he is calico upon. No newspaper editor
or any o'ner individual has a right to
prom. igate that idea which is attributa-
bic to that article about any man or wo-
, man unless he is prepared to make il
= good by proof ofits truth. Such charges
are serious things TO publish in q COM
munity. They are serious when they
4 are put afloat by word of mouth. They
0 arc still moro serious when they are
@ put into newspapers and circulated
throughout the land-more serious i'm
i their consequences, and indicating a
Q more deliberate purpose OH the part OF
d those who promulgate it. No man pub.
" fishes an article OF this kind unless he
) first writes it-that is, il he is the all.
thor of it. He sits down and writes /,
n out deliberately. He then has it put in
)fl type, prints 1t in his paper and sends il
, broadcast over the land. A man who
y does that should be held responsible fol-
'r the consequences of his falsehood, ant
r it is no answer to say that such thing
10 occur every day-newspaper people d,
e it every day. The statement is, untor
~ tunately, too true. We see too much O
"s 1t. But 1t is no justification of it; it /
m only an aggravation. Itis additions
es reason why, when a case of this kin,
b is brought into court, that court an
~ jury should put their hands upon it Il
Ill the hope of suppressing it, in the hop
IT. of putting a stop to it, however fruit
s- less the effort may be. 1t is Away
of their duty when there is an opportunit
to do it. Now, our press is said to b
is free. The liberty of the press is yer
g, much talked about, as is the liberty {
he the individual. The liberty of both
q sacred thing-a thing that is necesss
!. ry to be preserved, which ought to b
IT, preserved at all times and under a
m circumstances. The liberty of the pres
Ily and the liberty of the person should
IN preserved and protected inviolabl,
~ But what is personal liberty and wht
eii is the liberty of the press? Does
lie mean that you are at liberty to say jus
NJ what you please about anybody an
H. everybody? Does it mean that you al
at liberty to do just what you have
mind to? Is this what is meant by Ii
liberty of the press and the liberty {
the individual? BY no means. I'll
liberty of the individual and I'll
* liberty of the press is liberty undo
~ ~ law. The law is superior to the press
M the law is superior TO the individual
~; or The liberty of the individual is the Ill
VI erty which the law gives him, whic
the law secures 10 him and protects hil
ris in; and the liberty of the press is {
it'll precisely the same character. And III
lie, liberty Of the press is not licentiousnei
lin any more than the liberty of the indi,
idual; it is the right which the press lbs
PC, under law. Under the law the libert
-, -; of the press does not extend to the rigf
no to publish libelous articles against an
a nS one. 1t doesn't give the press q rigl
." to publish falsehood about any one.
does not give the press the Fright t
Oh make false accusations in their paper
oh any more than individuals have rigt
70, in private life to make false accusation
II against their neighbors. And it is n
on justification to say that newspapers III
fortunately are in the habit of doing j
nj The press to certain extent may b
~, said to be licentious. You see too man
~, articles of licentious character in III
~, ~ public press. You see a great deal j
~ the newspapers that you would M
bo want your wife or daughter TO reat
nv There are too many things that are nc
fit to be published, and yet you fin
d. them. When they are libelous an
to false, the parties who publish sue
I'M things are responsible to the parties the
OF charge. The public does not deman
las the publication of such articles. II ha
nd been said that the public press is tn
CHI great Instructor of the people, is tn
lio great educational source, The sourc
from which the people to great exten
10 obtain their education, the source fror
an which they obtain largely the informs
No ton which they possess in regard t
~ public affairs. And that is undoubted
" ly true. Newspapers are an indispen
[ sable necessity to a community. Blu
IF that does not give them the right I
" publish that which is improper to pull
y fish. 1t does not give them the right t
4. publish that which is false and scanda
= lous and libelous. Indeed, it is one @
\, - the strongest reasons in the world VIII
~ everything of that kind should be ex
IN Guided from them. If the people are Il
" be educated by the press, the education
should be pure; not such education a
of they get from the scandalous articles W
a. often see in print. The public press cal
a. not shield themselves on any sue
y. ground as that from the responsible,
* which is incurred by the publication O
t. that which is false and libelous.
d
le STATE ITEMS,