Freedom of the Press: A Study of the Legal Doctrine of "qualified Privilege"Tells the story of the struggle between the people insisting on the right to information, and the reluctance on the part of the governing officials to share information with the press up to the early 1900's. |
Common terms and phrases
absolute privilege abuse accurate report accused actual malice America ARTHUR DAWSON ascer ceedings censorship centuries charge cial Colo COLUMBIA UNIVERSITY common law Congress Constitution court held criminal debates decision declared defamatory defendant doctrine of qualified England English law evidence of malice exclusion of strangers fact fair and accurate fair and true fied privilege freedom of speech guilty Hamilton House of Commons House of Lords Iowa John Peter Zenger Journal judge judicial proceedings Law of Libel lege legislature libel laws liberal liberty lishing Lord Esher Lord Mansfield matter ment newspaper North Briton occasion is privileged official proceedings paper Parliament parliamentary person plaintiff police magistrate printers prosecutions prove the truth public and official quali qualified privi question report of judicial reporting legislative restrictions sion speak Standing Order tained tion trial true report verdict victory Wason Wilkes words York Supreme Court Zenger
Popular passages
Page 47 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published.
Page 115 - And though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously, by licensing and prohibiting, to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter?
Page 47 - But, to punish (as the law does at present) any dangerous or offensive writings, which, when published, shall, on a fair and impartial trial, be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 17 - An action, civil or criminal, cannot be maintained against a reporter, editor, publisher, or proprietor of a newspaper, for the publication therein of a fair and true report of any judicial, legislative, or other public and official proceedings, without proving actual malice in making the report.
Page 27 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 56 - It is the best cause. It is the cause of liberty ; and I make no doubt but your upright conduct this day will not only entitle you to the love and esteem of your fellow citizens; but every man who prefers freedom to a life of slavery will bless and honor you...
Page 27 - ... defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Page 59 - They would contain various exceptions to powers not granted, and on this very account would afford a colorable pretext to claim more than were granted; for why declare that things shall not be done which there is no power to do?
Page 47 - subject the press to the restrictive power of a licenser as " was formerly done, both before and since the Revolution, " is to subject all freedom of sentiment to the prejudices of " one man, and make him the arbitrary and infallible judge " of all controverted points in learning, religion, and govern...
Page 57 - The last right we shall mention regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government...