Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-09-28
THE FREEDOM OF THE PRESS.

The struggle between those who are entrenched
in power and therefore against any agitation which
might lead to change. and those newspapers whose
criticisms might the public to force i'm
proved conditions and better government. has gone
on since the invention of the printing press.
In the beginning newspaper publishing was
licensed by the crown. If Objectionable utter
INDUCED in by the newspaper, the license
was withdrawn and the newspaper suppressed
From that date until the struggle has
gone The libel laws have been the instrument
Of intimidation and repression. Gradually public
sentiment has forced relaxation of the rgors
of these laws The people have realized that great
freedom of criticism of existing conditions is the
only avenue of correction Liberty has come only
through agitation against oppression and the edu-
cation of the people on public questions. When
publicity IS strangled the people suffer
1t always has been realized that the public
must be protected against the wanton and unneces-
sary abuse of individuals by the newspaper This
sentiment has been the thing appealed to by those
who would protect themselves against merited
criticism. They have filled the people with fear
that too great relaxation Of the libel laws sub
ject innocent citizens to newspaper abuse How
ever the law always is laggard and has trailed
far behind public sentiment this vital question
The constitution of the United States gave
guarantees of the freedom Of the press. State
constitutions have followed suit. Theoretically the
press is free 1t is liable, however, for the abuse
is invoked. The who processes 20 feel that
freedom of speech has been abused In his case,
is at liberty to bring a civil suit or series OF
civil suits to punish the offender in damages.
Here is where the door is opened to ntmidate
newspapers. Most publishers in modest fnan-
cial circumstances Newspapers not gold mines.
The man of means who processes himself injured,
can use his money to Cypress the publisher The
damages which may be collected at the end of
the action are not the menace The tremendous
expense Of defense to which he may be subjected
can ruin him although he may win the SUIT
Civil action for libel should not be permitted
unless there first has been conviction for Grim
inal libel. The feeling himself agerieved
should be forced to go to grand jury If these
Jurors feel that he has been libelled they may
return an Indictment. When jury has pros
nounced the publisher guilty, civil action to re-
cover damages for the injury done would be in
: order.
To allow man group of men, having the
necessary money with which to harass publisher,
to begin irresponsible civil and drive him
to silence out Of business by the enormous
expense Of his defense, is against sound public
policy. Yet, in New Mexico, that can be done.
The evils of the libel laws in New Mexico must
be corrected. This should be matter of imme-
date concern to every newspaper in the state. It
should be matter of concern to every man and
woman who realizes that freedom OF discussion
is matter of public necessity. If the public is
not to be kept in ignorance of what is going on.
The suits of j. M. Reynolds and A B. Nc
Milen against The Journal originally filed.
charged The Journal and its publisher with specific
libelous statements. These charges were met with
an answer affirming the truth of the statements
. made Such law suit could have been tried IN
two days and at comparatively small expense.
Apparently a desire to "go to bat on the
truth Of the charges the thing farthest from
the wishes of these plaintiffs Both are men of
great financial means After due consideration
they employed their erstwhile enemies as attor-
neys and have filed amended complaints. Were
these complaints to be answered they stand
and issue Joined, neither case could be tried In
six weeks of daily sessions of court. The expense
would be unbearably heavy. The inference which
people are certain to draw from their methods
is that they intend to "break us" If possible, in
the expense of defense.
The issue Of the freedom Of the press in New
Mexico is at stake. If these accomplish
their purpose, newspaper will dare to criticize
the entrenched and the powerful again. The sill
ence which long prevailed in New Mexico will be
reimposed and the people will go suffering
from the evils which have oppressed them.