Newspaper Libel; A Handbook for the Press Volume 2

Overview

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free.
This is an OCR edition with typos.
Excerpt from book:
CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some ...
See more details below
Sending request ...

Overview

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free.
This is an OCR edition with typos.
Excerpt from book:
CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some actual pecuniary loss on account of the publication — in other wor.ds, wherever the language is libellous per se—the libel may also be the subject of an indictment. The ground of the criminal prosecution in these cases is the tendency of the defamatory language to provoke a breach of the peace,2 but it is equally a criminal libel if no breach of the peace actually takes place, or if the person libelled could not, on account of physical infirmity, resent an injury. In cases where the plaintiff, in order to maintain a civil action for libel, must show that he has suffered some special damage, as in casesof " slander of title,"1 no indictment can be sustained. In such cases a suit for damages offers an adequate remedy. 1 But a libel is not an " infamous " crime within the meaning of the term as used in the New York Code of Civil Procedure, limiting the jurisdiction of the Albany Court of Special Sessions; that court accordingly has jurisdiction. People v. John ParrCTe Owl), 42 Hun (N. Y. Supreme Court, 1886 313. The Supreme Court of the District of Columbia in the case of the United States v. Buell (1 McArthur, 502), decided in 1874 that libel was an infamous crime, and, therefore, beyond the jurisdiction of the Police Court of the District, but in the more recent case of the United States v. Marshall (Washington Law Re- porter, Aug. 17, 1887), this decision is overruled. 2CuLFEPPnR, Va., March 1. — Edwin Barbour, editor of the Piedmont Advance, and Ellis B. Williams, son of George Williams, editor of the Culpep- per Exponent , engaged in a shooti...
Read More Show Less

Product Details

  • ISBN-13: 9781154151060
  • Publisher: General Books LLC
  • Publication date: 6/28/2012
  • Pages: 90
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.19 (d)

Read an Excerpt


CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some actual pecuniary loss on account of the publication in other wor.ds, wherever the language is libellous per sethe libel may also be the subject of an indictment. The ground of the criminal prosecution in these cases is the tendency of the defamatory language to provoke a breach of the peace,2 but it is equally a criminal libel if no breach of the peace actually takes place, or if the person libelled could not, on account of physical infirmity, resent an injury. In cases where the plaintiff, in order to maintain a civil action for libel, must show that he has suffered some special damage, as in casesof " slander of title,"1 no indictment can be sustained. In such cases a suit for damages offers an adequate remedy. 1 But a libel is not an " infamous " crime within the meaning of the term as used in the New York Code of Civil Procedure, limiting the jurisdiction of the Albany Court of Special Sessions; that court accordingly has jurisdiction. People v. John ParrCTe Owl), 42 Hun (N. Y. Supreme Court, 1886 313. The Supreme Court of the District of Columbia in the case of the United States v. Buell (1 McArthur, 502), decided in 1874 that libel was an infamous crime, and, therefore, beyond the jurisdiction of the Police Court of the District, but in the more recent case of the United States v. Marshall (Washington Law Re- porter, Aug. 17, 1887), this decision is overruled. 2CuLFEPPnR, Va., March 1. Edwin Barbour, editor of the Piedmont Advance, and Ellis B.Williams, son of George Williams, editor of the Culpep- per Exponent , engaged in a shooti...
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)