The Opelousas courier., 1888-12-08
Recent Suggestions in Regard TO
Libel Laws.

Libel Laws.
N. 0. Picayune.
The favorite weapon for attack upon
the press is the law of libel. There is
no, a public journal of character and
standing that has not had it's expert
ences in the courts with prosecutions
for it's expressions against individuals.
The honest and reputable press is usu-
ally free from seandalous attacks on
private persons, but sometimes through
a misadventure of some sort or other,
expressions injurious to the character
of innocent parties may find their way
into the most carefully conducted pa
pers. 1t is much oftener the case that
there are good grounds for such amin
adyersions, but in states where the
truth of the statements made do not
mitigate their libelous nature in the
eve of the law, prosecutions by injured
parties are most commonly visited up
on the offending press.
In Louisiana, however, the truth OF
charges may be established as a de-
Tense by the journal SO prosecuted, in
connection with a showing that the
publication was made, not from malice
or hatred to an individual, but for a
good such as warning and
protecting the public against a person
of evil character and disposition.
Very recently the New York Herald
proposed a movement towards secur-
ing such a revision of the laws con-
corning libelous publications, so that
the proprietors of the paper would not
be held responsible in damages for any
publication whatever, but that any ag-
crieved party should seek redress by
| criminal prosecution against the indi-
vidual who actually writes the libelous
statement and procures its publication
Undoubtedly the maker of a malicious,
| %defamatory declaration should be held
responsible, but "a newspaper writer IN
the course of his business might easily
make without malice a statement on
the faith of testimony deemed reliable
when it was far otherwise. In order tC
guard against such mistakes it is un-
derstood that all such matter is re.
viewed and is subject to the ensor
ship of a person of authority in the
conduct of a paper, and that such per
son is intrusted with the protection o.
the interests of the paper.
A brave and ~unfiinching press when
corruption is to be exposed and crime
in high places is to be arraigned is the
most effective bulwark of popular lib
erty but against licentious and sour
rilous publications there should be pro
lection tor the public. For this reason
the conductors of a journal should b.
held to %pecuniary responsibility where
they have m1liciously attacked public
or private interests Probably one 0
the most outrageous abuses in connec
ton with prosecutions for libel is tn
undertaking by INSCRIPTIONS lawyer
of the task of making prosecutions 70.
libel upon contingent fees, the real OBJ
iect in the prosecution being far less
desire for %vindication than for profit
In this connection may be mentione'
q the recommendations by the Nationa
Press Convention recently in session il
San Antonio, Tex, of the following TO
a change in the laws of libel. In th
main they are excellent
First-Where libelous publication
are mdu6 mdliC6 sHdii ASo 10 presume
unless a retraetion or apology is refus
ed, or unless the circumstances sur
rounding the publication or refusa
c~onclusively prove malice.
.Second--That the taking of contin
gent fees in libel suits be maze a Grim
inal offense.
Third--That civil suits should no
be allowed by law to be conducted a
though defendaEt were a criminal, an
should be for actual damages and thes
damages should be proven.
Fourth-That an explanation or re
traction should be given weight j
mitigation of damages.
Fifth--That defendant should be al
lowed to show absence of malice, AM
this should be given weight in mitiga
ton of damages.
Sixth--That zach State associa 40
connected with shis national associa
tion be requested to procure if posi-
BILE the enactment of a law by it's stat
legislature embodying these recon
mendations and defining what consti
j tutes libel.