9 Ga. App. 103 | Ga. Ct. App. | 1911
1. The plaintiff proved his case as -laid, and it was therefore error to award a nonsuit.
2. According to the evidence introduced in behalf of the plaintiff, the original publication was libelous, and, instead of being explained, modified, or corrected, it was followed by another issue of the paper, which contained an aggravation of the libel.
3. It was unnecessary to prove that the newspapers which the plaintiff put in evidence were those referred to in the petition, or to have introduced them at all. The defendant in its answer admitted the publication of the article which the plaintiff alleged to be libelous.
4. The fact that the plaintiff admitted that he knew of no reason why the1 defendant should have published the articles in question concerning him,, and admitted that he knew of no reason why the defendant, or its officers, should entertain ill will against him, did not disprove the existence of malice. According to the testimony for the plaintiff, the charges as made were injurious to his reputation, entirely false, and calculated to subject him to public hatred, ridicule, and contempt. These
5. Legitimate criticism of the acts and conduct of public officials is a rightful function of the press, and the exercise of this right should be unrestrained, provided the statements made are true. A public officer, however, has as much right to protection against libel as a private citizen. The right to criticise public officials is unrestricted only where the statements made are supported by the facts. “Liberty of the press” is not synonymous with license, nor does it give the publisher of a newspaper any greater license to publish, libelous matter than the ordinary' citizen would have. Judgment reversed.