Democratic Sentinel, Volume 8, Number 21, Rensselaer, Jasper County, 20 June 1884 — Slander and Libel. [ARTICLE]

Slander and Libel.

To say injurious and untrue things of another is slander. A person who suffers such an injury may bring an action against the person who slandered him and recover damages for his loss of character and reputation. To charge a person with having coinmitted a crime is slander. FoT example, a man who says that his neighbor has committed murder or burglary may be sued for it. In England it is no slander to accuse a person of having committed a trifling offense. To say of another, “He is a common beggar and fortune-teller,” does not render the person liable there. In the United States, however, such words are held to be slanderous, because they bring disgrace upon the person of whom they are spoken. The following are a few accusations of crime that have been decided to be slanderous: “He is a convict, and has been in the penitentiary.” “He was arraigned for stealing hogs, and if he had not made good friends, it would have gone hard with him. ” “He is a knave and a rascal.” “I will .venture anything he has stolen my book.” “You swore falsely at the trial of your brother John.”

To say of a person that he has a disgusting and contagious disease, for example, the leprosy or the plague, is a slander. Statements such as these have a tendency to drive a person from all pleasant society. Another form of slander is to charge a person with misconduct in his business. To say of a tradesman that in carrying on his business he is a swindler, is a slander. A person who accuses a clergyman of drunkenness, or a tradesman of keeping a bad place of resort, must pay damages if he is sued, for it. The public will have nothing to do with those who do not conduct themselves properly. It is only fair that those who are wrongfully accused should be able to make the slanderer pay the loss. A slanderous statement made in writ* ing, or printed, or a picture calculated to bring a person into public contempt and ridicule, is a libel. A malicious picture showing a person’s physical defects is libelous. No person has a right to parade the misfortunes of others before the public. There is no slander when a statement, however malicious, is true. The truth is not slander. But in some cases the truth when written or printed, is a libel. In certain cases, statements are privileged. Lawyers, while arguing a case, have a right to make any statements that bear upon it. Jurymen and witnesses are also protected so long as they act under the belief that they are doing their duty. Members of Congress and other legislative bodies may say what they please while on duty in the place where they meet. This right was given them in former times, to prevent jealous kings from punishing members of Parliament who did their duty. Candidates for public office may be criticised freely. The people have a right to know, everything about those who ask for their votes. In all cases of slander and libel, the statements must have been published; that is, made to a person other than the one who seeks damages. It is not slander to make injurious statements of a person to his face, when no one else is within hearing.