The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-15
LIBEL LAW REFORM
Mr. bennett Leading = Campaign for LeGis-
lstion Ju-tcr to the Pres.


Fron tie Nee FORK Herald Of F,ssridv.
The Herald Ia glad that It's plea for a lust
libel law has been promptly and cordially
| seconded by news pa pers all over the state.
We are encouraged to believe that the Leg
islature at Albany will recognize the justice OF
the plea and respond to the popular dem and
unanimously voiced by the press OF the State
At the same time we appeal to our contem-
poraries to keep up the good fight until VIC
tory Is won.
1t is q struggle for the emanc patton OF the
press from an imposition which Is as unjust as
1t Is oppressive Nearly every paper In the
State has been made the victim OF litigation in
stigated for no other purpose than extortion or
blackmail. Every journal will be OK posed to this
outrageous abuse until the law which now
disgraces our statute book is supplanted by
one In harmony with justice. fair play, and
American institutions.
No reputable newspaper asks or expects H.
cense to print with impunity. None asks or
expects exemption from q Just and reason able
liability for any wrong or injury done to any
person. The plea now made Is for exemption
from an unjust liability which 10 anon lous in
our law. means OF Infamous abuse in the
hands Of inscriptions attorneys and black
mailing litigants and a source OF grievous
wrong to conductors OF the press.
The abuses OF the existing law have been felt
In every State OF the Union. They have In
creased until they have become as intolsr-
able as they are scandalous. In several States.
notably Minnesota and Georgia, they have
been reformed by the Legislature In obedience
to an enlightened public sentiment voiced By
an aggrieved press In others protests have
been sounded and calls m de for the reform.
1t Is time for New York. where the harshness
and injustice OF the law are most keenly felt
and Its abuses most often OF psrienced, to come
to tho front and blot out the barbarous relic
which is disgrace to our civilization We
appeal to our Incorporates to demand this
as right. and trust that the Legislature will
be fair minded and public spirited enough to
grant II this session.
First and foremost the outrageous principle
OF exemplary or punitive damages should be
abolished except where malice 10 shown, and
the existence Of malice should be made q mat
ter OF proof and not left, as at present. mat
ter OF presumption. ANY person aGRrieved by
the publication OF an alleged libel should be
required to call for q correction before bring
ing suit and the publication Of a retraction
should be taken as evidence o. no malice.
and hence as bar to an action for exemplary
damages
Where prompt and satisfactory retraction
has been made and no malice is shown, re-
coverabls damages should be limited to actual
damages. to be measured by the extent OF the
injury proved.
This reform will deal a death blow to black.
mailing suits aud strikes" for ridiculously
exorbitant damages. 1t will not deprive any
agRrieved person Of any jus. right but will
secure to newspapers that justice OF which
they are now robbed and blot from our statutes
. law which 10 dlscreditable to tho State.