Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 186

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 186

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...of legal protection as is the liberty of the press, and urge the facts in this ease as an example of outrage in publishing vices of youth long abandoned and forgotten. There is some ground for this argument in expressions of court holding appellant's theory of the law. But when we remember that this line of constitutional law began in an attempt to give greater liberty of speech, and its whole history down to the present time is to guarantie, as expressed in the title to our provision, "Freedom of speech and publication," it seems to us judicial legislation to give effect to the provision as abridging freedom of publication by repealing the existing common law, under which truth alone was a sufficient defense. The framers of our Constitution intended that no one should ever become liable under any existing law or any future law, in either a civil or criminal action for publishing the truth with good motives and for justifiable ends; they used the words "or civil" giving the provision an effect beyond that of the Constitution of 1848. But it does not follow that they were aiming at the protection of reputation. If the provision had been so intended it would have been differently worded and entitled. There is nothing in this provision to prevent the legislature from enacting a law under which the truth alone will not be a defense in civil action, as it has in effect provided in criminal actions; and nothing so far as we can see to prevent it from entirely abolishing all laws against libel. In short it is left, as far as this provision goes, to the legislature to act as it sees fit, provided only it must not interfere with publishing the truth with good motives and for justifiable ends. Therefore the argument of...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236737679
  • 9781236737670