Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-30
THE LIBEL LAW.

I'M L~LbLL La ~
The newspapers of other states are dis
cussing the libel law, and it does seem to
be one in which the public is as much in
terested as are the newspapers them
selves. 1t is fair to presume that the
people are as mulch opposed to Stacking
the press as they are to investing it with
undue freedom that borders on license
Neither the people nor responsible iourn-
alism favorS license, but people as wen
as newspapers should demand that free
dom upon which SO much rests in this re-
public. Speaking for itself, TIE GA
ZETrE wants nothing inconsistent with
Individual rights or the public good, but
does insist that simple justice to the press
demands some law explicit in its utter
ances and fair i'll its provisions. The
opinions of other newspapers are given as
suggestions to all who may be considering
the justice of clearly defining the free
dom to be accorded to the press of the
state.
The New Yorl, Herald is discussing the libel
law as applicable TO newspapers, with the hope
of reforming il. There is certainly need of such
a reform. \ newspaper ought not to be held to
as strict an accountability as a private individ-
ual for Ibe!ous publications. No man should
be permitted 70 recover against newspaper any
thing more than what he may show ia fact to be
his injury, except the publication were ma
hcious. The presumption ought always to be
made that a newspaper publication is not ma
n NAL icaf No Of
should be on the plaintiff. II exemplary dam
ages should be allowed in any case against a
newspaper, it should be only after the plaintiff
had clearly shown the publication to nave been
made with malice. Denver Republican.
Some newspapers are agitating for reform of
the libel laws and their reconstruction more in
accordance with the spirit of the age. At pres
ent there is no uniformity in the law of the sew
era states except in their injustice TO the press.
With hardly an exception the statutory provi-
sions are oppressive, and where these are alb
sent, as in some few states, the common law,
construed in accordance with antiquated de-
cisions, is stiu worse.
In OHIO a retraction, no matter how promptly
made or sweeping, will not save the newspaper
man from civil or criminal prosecution, though
it may enter into the question of damages
awarded by the iGly. recent change in the
laws of Minnesota gives the editors of that
state three days time before suit is
brought in which the libel may be retracted. If
this is done the plaintiff can only recover actual
damages, which he must show he has suffered in
respect to his property, business or occupation.
Recent changes IN the libel laws OF Michigan
confined the recovery to actual damages and in
other ways tended to make the burdens of the
press less onerous. but a supreme court decision
decided the law to be unconstitutional and swept
away also the pleas OF privileged publication.
Some of the other states have provisions that are
slightly favorable to the press when compared
with the Ohio law e1Pounded by the courts,
but in all of them there is still great injustice.
California has one provision which ought to
be incorporated in the Ohio law of libel, and If
it were would put an end TO nine-tenths of the
suits commenced in the courts Of this state
against newspapers. In bringing a suit for dam
ages for libel Tho plaintiff required 10 give
bonds for s5qO with two sureties, so that il the
action be dismissed OF the defendant wins, the
costs and charges viii be paid up TO $500 by the
plaintiff If the latter wins he is allowed s100
counsel fees in addition to other costs, and in
case the defendant wins or the action is dis
missed he has the same allowance. To get costs
the plaintiff must have verdict OF $500. If
there were such a law in this state there would
be fewer cases brought by skyster lawyers with
the expectation of their being compromised,
when the money extracted from the papers goes
mainly or wholly into the pocket of the PLAIN
tiff's illegal adviser ''-[Cleveland (Ohio) Plain
Dealer,