TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P36

Gale Encyclopedia of American Law Volume 12 P36 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW NEW YORK TIMES V. SULLIVAN 337 only his accuser honestly believes the charge upon reasonable ground. We think that not only is such a sacrifice not required of everyone who consents to become a candidate for office but that to sanction such a doctrine would do the public more harm than good. Judge Taft rejected the argument urged here by the Times and its newspaper friends that the privilege of fair comment extends to statement of fact as well as comment when made by one who has reasonable grounds for believing and does believe that the public officer or candidate has committed disgraceful acts affecting his fitness for the office he seeks 59 F. 530 at 540 . Judge Taft s admonitions still obtain as Chief Justice Warren observed in the majority of the states which hold that a public critic of government is not even qualifiedly privileged where his facts are wrong. Barr v. Matteo 360 . 564 585. Alabama is in accord with the great weight of state and federal A noted commentator Professor Zechariah Chafee an old and close friend of free speech and press also disagrees with the Times law and history Especially significant is the contemporaneous evidence that the phrase freedom of the press was viewed against a background of familiar legal limitations which men of 1791 did not regard as objectionable such as damage suits for libel. Many state constitutions of this time included guaranties of freedom of speech and press which have been treated as having approximately the same scope as the federal provisions. Some of these as in Massachusetts were absolute in terms while others as in New York expressly imposed responsibility for the abuse of the right. The precise nature of the state constitutional language did not matter the early interpretation was much the same. Not only were private libel suits allowed but also punishments for criminal libel and for contempt of court. For instance there were several Massachusetts convictions around

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