40 Minn. 117 | Minn. | 1889
Lead Opinion
The questions raised by this appeal involve — Firsts the validity, and, second, the construction, of chapter 191, Laws 1887, entitled “An act to regulate actions for libel.” The act is claimed to be unconstitutional on three grounds. The first is that the subject of the act is not expressed in the title, as required by section 27, art. 4, of the constitution. This section has been before this court for construction in so many eases, beginning with County of Ramsey v. Heenan, 2 Minn. 281, (330, 339,) and ending with Minn. Loan & Trust Co. v. Beebe, supra, p. 7, (at the present term,) that all that need be said on this point is that all the provisions of the act relate and are germane to the subject expressed in the title, and proper to the full
2. The second objection to the act is that it is partial or class legislation, in that it gives to publishers of newspapers certain rights and immunities not given to other defendants in actions for libel. It does not follow that it is unconstitutional because its provisions are limited to the publishers of newspapers. Laws public in their objects may be confined to a particular class of persons, if they be general in their application to the class to which they apply, provided the distinction is not arbitrary, but rests upon some reason of public policy growing out of the condition or business of such class. Such distinctions are being constantly made, as in the case of minors, married women, common carriers, railroad companies, and the like. This kind of legislation is not confined, as plaintiff seems to contend, to cases involving the exercise of what is termed the “ police power ” of the state. For example, it may be public policy to give to laborers a lien or other preference for the collection of their wages, not given to other creditors; or to give a lien to laborers in one business, while it would be neither practicable nor politic to give it to laborers in some other employment. So long as a law applies equally to all engaged in that kind of business, treating them all alike, subjecting them to the same restrictions, and giving them the same privileges under similar conditions, there it is public in its character, and not subject to the objection of being partial or unequal legislation, provided, of course, as already stated, the distinction made by it is based on some reason of policy, and is not purely arbitrary. Cooley, Const. Lim. 481, ei seq. The act under consideration applies alike to all publishers of newspapers. And in view of the nature of the business in which they are engaged, and the fact that newspapers are the channels to which the public look for general and important news, and that, even in the exercise of the greatest care and vigilance, and actuated by the best of motives, they are liable through honest and excusable mistake to publish what may afterwards prove to be false, we cannot say that it is either arbitrary or without reason of public policy to make such provisions as are made by this act for the special protection of newspaper publishers when sued for libel.
The guaranty of a certain remedy in the laws for all injuries to person, property, or character, and other analogous provisions, such as those against exacting excessive bail, imposing excessive fines, inflicting cruel and inhuman punishments, and the like, inserted in our bill of rights, the equivalents of which are found in almost every constitution in the United States, are but declaratory of general fundamental principles, founded in natural right and justice, and which would be equally the law of the land-if not incorporated in the constitution. -There is unquestionably a limit in these matters, beyond which if the legislature should go, the courts could and would declare their action invalid. But inside of'that limit there is, and necessarily must be, a wide range left to the judgment and discretion of
Again, it must be remembered that what constitutes “an adequate remedy” or “a certain remedy” is not determined by any inflexible rule found in the constitution, but is subject to variation and modification, as the state of society changes. Hence a wide latitude must, of necessity, be given to the legislature in determining both the form and the measure of the remedy for a wrong. Now, at common law the remedy allowed to a person injured by a libel was— First, special damages for every injury of a pecuniary nature resulting from the wrong, which he had to both plead and prove; and, second, general damages, that is, damages to his standing and reputation, which the law presumed, without proof, from the fact of the publication of a libel actionable per se. Moreover, malice was the gist of every action for libel; either malice in fact, consisting of improper and unjustifiable motives, or constructive malice, which the law presumed, without proof, from the fact of the falsity of the publication. Evidence of intention, that is, of the absence of malice in fact, was always admissible, where the communication was privileged, in justification, and, where it was not privileged, in mitigation of damages. A retraction of the libel was also always admissible in mitigation. In effect, this statute but extends this rule of evidence so as to permit evidence of intention, — good faith, — coupled with a full retraction, not merely in mitigation of damages, but to prevent the recovery of general damages, as distinguished from special damages for injuries of a pecuniary nature. Now, in an action for libel, the object, so far at least as general damages is concerned, is not
We have assumed that under this act a party is still allowed to recover pecuniai-y compensation for all injuries pecuniary in their nature which he may have sustained by the libel. Section 2, in defining “ actual damages, ” limits them to damages in respect to property, business, trade, profession, or occupation. It may be suggested that there may be some cases of pecuniary injury which this would not reach, but we are of opinion that, by a liberal but allowable construction, the definition referred to may be made to cover all cases of special damages; and, if so, we ought to adopt such construction rather than hold the act invalid.
4. The next question is whether upon the evidence the question should have been submitted to the jury whether “ the article was published in good faith; that its falsity was due to mistake or misapprehension of the facts.” This depends upon what is meant by the expression “ in good faith,” as used in this connection. We may assume that the act was designed to protect honest and careful newspaper publishers. It is not to be presumed that the legislature intended to make so radical a change in the law of libel as to make mere belief in the truth of the article the test of good faith. If so, they have-introduced a very dangerous principle, which”virtually places the good name and reputation of the citizen at the mercy of the credulity or indifference of every reckless or negligent reporter. Good faith requires proper consideration for the character and reputation of the person whose character is likely to be injuriously affected by the publication. It requires of the publisher that he exercise the care and vigilance of a prudent and conscientious man, wielding, .as he does, the great power of the public press. There must be an absence, not only of all improper motives, but of negligence, on his part. It is his duty to take all reasonable precautions to verify the truth of the statement, and to prevent untrue and injurious publications against oth
In view of another trial of this action, it would be improper to discuss the evidence, or characterize the conduct of the reporter who transmitted this article to the defendant for publication. All that it is proper to say is that, applying the law, as we have construed it, to the evidence, we are of the opinion that the question of “ good faith” in publishing the article should have been submitted to the jury.
Order reversed.
Gilfillan, C. J., not being present at the argument, 'took no part in this decision.
Dissenting Opinion
(dissenting.) I am unable to concur in that part of this opinion presented in the third division, holding that the statute is not in conflict with section 8 of article 1 of the constitution.