3 Yeates 518 | Pa. | 1803
After a long trial, wherein the depositions and examination of forty witnesses were read and given, the defendant’s counsel insisted, that printing presses could not be free in this state, according to the provisions of the constitution, if printers could be punished for a publication, inserted at the instance of a person, whom they named in their paper, and who paid for it in the usual course of business. Pennsylvania Constitution, art. 9, sec. 7. They were only responsible in cases where they withheld the real authors, against whom the suit should be brought. Libelling was a species of slander, and all slander should be measured by the same rule. Slander by libel differs only from
The court in their charge to the jury, observed, that the insertion of the publication at the instance of Gregor, did not amount to a justification, in point of law, though it might go in mitigation of damages. 2 Atky. 472. 8 Mod. 123. Slanderous words and libels are not measured by the same rules in courts of justice. The offence of a libel is more heinous, as its circulation of the slander is more extensive, and derives too ah additional degree of malignity, from its being done premeditatedly. 2 Espin. Dig. 240. 1 Dall. 324. 2 East, 430. Its excuse rests not on the common infirmity of mankind. It is the mark of a depraved and wicked heart. Any written or printed words, which render a man ridiculous, or throw contumely on him, are actionable. — But it is otherwise of words spoken ; and this distinction has been long settled. 2 Wils. 403-4. Fitzgib. 121, 253-4. Bos. and Pull. 331. The law adapts itself to the usages and habits of mankind, but it cannot be expected to administer to foul malevolence ; and hence in the case cited wherein the party was charged in a copy of verses, with having the itch, a difference obtained between a libel and words spoken. Our reading does not furnish us with a dictum, much less a solemn adjudication, that a printer is justifiable in disseminating libellous papers, though he has received a pecuniary compensation therefor in the way of business. But we know that the English judges have laid it down, that writing the copy of a libel, is writing of a libel ; and if the law were otherwise, men might write copies and print them with impunity. 2 Salk. 417, 419. It will not be denied, that if one designedly bespatters another’s clothes with filth, as he passes the street, though at the instigation of a third
What has been called the liberty of the press, (1 Dall. 330,) is much misunderstood; and the most erroneous opinions have been formed of the state constitution in this particular. The 7th section of the 9th article of that instrument has provided, that “in prosecutions for the publication of papers, investigating “the official conduct of officers, or men in a public capacity, or “ where the matter published is proper for public information, “ the truth thereof may be given in evidence. Every citizen “may freely speak, write and print on any subject, being responsible for the abuse of that liberty.” Indictment for libels against individuals, where the matter published is improper for public examination, remain in their former state, and the truth thereof cannot be given in evidence. In civil actions at the suit of persons, either in a public or private capacity, the party is answerable in damages, if he cannot verify the charges he has made. This is the present case, and the plaintiff is entitled to a verdict. Of the measure of damages, the jury are the sole judges, under the mass of evidence submitted to their consideration.
Verdict pro quer. for $8 damages, and full costs.