The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-06-21
REVERSE ENGLISH ON THE Libel. LAW


William +. Gonzales. editor and publisher
o. the Columbia State, recently made a speech
10 South Carolina editors which calls striking
attention 10 one very peculiar defect OF law
We hear a great deal about this man and
the other suing the paper" Frequently. the
ltbeIlous publication is nothing more than mis-
take, or honest oversight No sooner has the
erroneous statement been made than it is cor
rected But nevertheless the average fury not
only considers that the feelings Of the fndi-
viduaI rreyocaby injured, bur that his
reputation has suffered TO the extent (some-
tmes} OF more perfectly good dollars than the
complainant could ever have hoped to accu-
was oiled
We are ia perfect sympathy. nevertheless,
with the general principle Of the law OF libel.
even though the presumption of malice. where
no malice reasonably exists seems at times a
hardship The Press ought to be accurate
and if 1t is not accurate IT ought 10 suffer.
The law OF libel penalizing error makes for
accuracy So far from habitual indulgence in
reckless statement the average newspaper.
through keeping a weather eye on the posi-
blities OF litigation Is apt 10 err on the side
Of equivocation and suppression
Mr.. Gonzalez point. however. has the merit
Of being so far as we know. unique What is
good for tho public is good for the paper
Why, II the aggrieved citizen can mulct the
paper in damages cannot the paper maintain
similar action against the citizen? In part.
he says
There Is something more the Press Assoefa-
Non' heartily supported by the worthy uewapG-
p"r9 or South Carolina might do for the honor
ana dignity OF tho profession and therefore
Tor the betterment of the commonwealth. 1t
is custom with those papers acting IN the ca
pactty Of organs for candidates. and the habit
or officials whose tNcellenccs are obsery Cd
chiefly by those organs, to refer in general terms
t" abuse 10y The press and 70 the wing Sian
dering newspapers" IT is 4 form cf setting IN
himsE men ~ straw to KNOCK down, but in do
ing SO lihel is perpetrated against the press In
general and, 70 tho extent # their influence
undermfncs public confidence in newspapers
Now. sincathe constitution pin fnfv enc6iara z SO
, the press 70 speak out on public questions, and
since dseussan Of the principles and thr quail
ifCatons for public service of candidates for
office is regarded by enlightened thought in
every country whore the people participate in
! government as essential to popular control It is
logical 10 suppose our law making bodies would
protect from libel the press serving the people
+ a readily as they protect the seeker Of per
/ sonal benefits. The newspapers ,+f-tff-- Staff
may with proprioty and reason demand that
where anyone publicly names newspaper and
( alleges IL has slandered him, that such charge
be deemed ihelous: however. that proof of tha
charge against the newspaper shall be full JUS
( tincauon And IL the law cannot reach those
guilty Of general libel those referring to "lY
ing newspapers without mentioning rames.
the press make that policy unpopular, IF
newspaper publishes erroneous statement
iniurously affecting the bushes Of Jim Jones
0gaf liable
ages; why should not the press demand that
tho character and integrity OF It's members in
many cases thor capital and stock in trade. be
likewise guarded from evil tongues?
Ii is true that while the paper must exercise
the most ingenious care to keep off the toes
Of the citizen the citizen himself takes az his
inbred right The privilege OF denouncing the
statements OF the newspaper, The Freedom
OF the Press is hedged about with provisions
against its abuse What about the freedom
Of abuse Of the Press? Like all other papers,
v q nave ourselves suffered from this peculiar
itch to say OF paper what would not dare
to be- SAID Of man. II is not infrequently
that We are naitelg informed BY correspondents
twho demand hat their charges be published
AZ our EXPENSE that we are yenal, corrupt
purohaseabe tools of this, that and the other
interest A retort in kind would bring upon
Ia defenseless head all the paTsphernalia of the
courts, all the bired and privileged utilization
.cf lawyers. But the paper must take it's medi-
ro character
lmpersonsi Journalism lis the logical deyel-