The San Francisco call., 1903-01-08
THE LAW OF LIBEL.

THE remarks in the final message Of Governor
Gage respecting libel stripped of their personal
illusions, and the reasons for them which in
here in misjudged personal experience will
mand approval The wiful attack upon public or
private persons, injurious and without further foun
dation than mere malevolence, cannot be
too strongly reprehended too surely punished
This is especially if the attacking party be in
trenched behind wealth and influence by which pun
ishment may be evaded and responsibility shir1ed
In such the more helpless the victim the greater
the offense. Adequate response in civil damages need
be expected for the inequality of the parties
such remedy. resort to the criminal law is the
only recourse, when the heplessness of the victim
is equalized with the resources OF the lbeer by the
power OF the State. The Governor, however, not
content with the existing law, recommends changes
drastic in their nature, by which the offense of libel
will be taken from the list of misdemeanors and made
felony, ranking among the infamous crimes.
Let examine briefly this proposition in the light
OF the necessary freedom of the press 1t has been
necessary, and will continue to be necessary fo the
press to safeguard the public interest by freedom of
publicity as to the acts-not the policies the the
orles, but the actS-o public officials This freedom
should be equally unabridged in the of the ex-
ecutive and.of the lowest ministerial officer At pres
ent, while libel is misdemeanor, newspaper takes
risk in telling the truth about executive acts
OF the great political power patronage and in
uence of the executive Increase the risk by making
libel felony, and this risk is probably so increased
to efecually restrain the press from truthful
posure of acts that are injurious to the public and
that degrade the character of the executive Office
No matter what may be said in favor OF adding to
the punishment OF alleged libel by increasing the
grade of the offense when private persons are the
plaintiffs nothing be said in favor of increasing
the immunity from criticism OF public officials whose
vast power can be invoked to force the press into
savsh silence through fear that influence may Sc
cure conviction OF an infamous crime
The law OF libel has been through series Of evo-
lutions. Formerly one dared to tell the truth
about private public person concerning an act
that was injurious 20 individuals or society The
law declared the greater the truth the greater the
! libel" Therefore the more infamous the action dis
closed the greater the penalty for its disclosure.
After long struggle the plea OF justification was
permitted, and one accused of libel permitted to
justify by proving his statement to be true. With
this change came the real enfranchisement OF the
press No intelligent person denies that base news
papers abuse their liberty and ma cowardly use of
their privilege and power Of publicity But it must
be admitted that such newspapers in the minor
y, and are differentiated yellow journals" from
the vast mass OF clean and respectable journals
which respect the rights of public and private char
acter
A conscientious newspaper man ventures upon that
form OF criticism and exposure which if false is libel
only when convinced that it is and its exposure
serves proper and commendabe purpose Gov
ernor Gage necessity for more drastic law OF
libel in what he chooses term millionaire" news
paper men. 1t is only necessary to say that men OF
wealth do not always regard themselves as thereby
separated from the of society and put outside
pale either to deny DEFY their general obligations
As rule they keenly appreciate their RESPONSE
bty do those of moderate fortune. If what he
says about them is justified the change he recon-
mends in the law will not affect them but it will ter
rorize the press that is backed by wealth. and we
would have, if his view be correct tendency for all
journalism to drift into the control OF the class which
he says is strong enough to defy the law
We think an examination of American journalism
will prove that on an average, rich and poor, news
paper upright and conscientious, as
mindful Of their responsibility and careful in the
use Of their power OF publicity as public officers are
in the OF their official opportunities and with the
plea of justification left unmpared it is we'll
muzze the press by putting it in the hands OF pow.
erful public official to protect his transgressons BY
influencing courts and juries inaict Infamous pun
shment upon the press regardless OF its justification
Such. "a proposition comes too near turning back tc
telling the truth
1t is hardly true that delegation OF German doc