Publication of the American Sociological Society Volume 9

Publication of the American Sociological Society Volume 9

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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. 1915 edition. Excerpt: ... qualified privilege to publish defamatory falsehood concerning public officers and candidates for public offices, saying: If a respectable citizen honestly believes and states that a candidate for a public office is guilty of official misconduct or is a person of evil repute, in the sense that it affects his fitness for the office which he seeks, such statement is privileged and may be repeated by another in a meeting assembled to inquire into the merits of the candidate, though it be absolutely false, and upon inquiry its falsity might have been ascertained; for the voter has the right to canvass and discuss the qualifications of the candidates who seek his suffrage openly and fully.1 Some text-writers on the law of libel say the Kansas and Pennsylvania rules are extreme or exceptional, and that the prevailing rule in our various jurisdictions is that the judge-made qualified privilege to publish on matters of public concern does not legalize defamatory falsehood.1 It seems, however, they take as the true rule the modern English judiciary law classifying fair comment on matters of public concern as an exercise of the right of liberty of the press, or the right to publish truth on matters of public concern. When American reported cases are looked into, it must be admitted that the law evidenced by them is in an extremely loose and fluid state. It is not easy to locate and name the American court that has clearly and pointedly made either truth alone, or Hamilton's "truth, with good motives, for justifiable ends," the dividing line between lawful and unlawful publications on matters of public concern.3 1 Briggs v. Garrett, in Pa. St. 404. A Pennsylvania statute passed in 1903 made "negligence.... in the ascertainment of...
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Product details

  • Paperback | 88 pages
  • 189 x 246 x 5mm | 172g
  • United States
  • English
  • black & white illustrations
  • 1236963938
  • 9781236963932