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OUTLINES LIBEL
LAWS OFJEBRASKA
PROF. H. H. WILSON ADDRESSES
STUDENTS OF JOURNALISM
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Tells History of Legislation and De
fines Fundamental Principles of
Common and Criminal Libel
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Prof. H. H. Wilson of the college or
law, addressed students in the news
writing and newspaper editing courses
under M. M. Fogg on "The Newspaper
and the Law of Libel," the subject
which they are studying, in Faculty
hall. Temple, last evening.
Professor Wilson outlined briefly
the system of common and criminal
libel. Libel as seen by the eyes of
modern lew is based upon the viola
lion of one of the principles which
law attempts to preserve life, liberty,
property, and reputation. Defamation
of reputation when addressed to sight
is libel. Slander. Professor Wilson
defined as oral defamation.
Two Kinds of Libel
The law of libel recognizes cases
of two kinds, libel per se libel in it
self, in which the statements are
judged libelous by their own import
regardless of circumstances ; and cases
in which defamation to reputation
comes by the nature of the circum
stances under which the statements
were made.
Four general classes of libel per. se
are known to modern law: First, charg
ing the violation of criminal law; sec
ond, charging a person with unfitness
for skilled profession; third, charging
a person with having a loathsome dis
sease; fourth, holding some one up to
the ridicule and contumny of his fel-
lows.
Illustrating these general classes
Professor Wilson showed that it was !
cause for lilel for one to charge that
a minister is a hypocrite.
In the trial of a case the law pre
sumes that a man is innocent of a
crime until proven guilty. If a news
paper makes a charge which is cause
for libel suit the court assumes that
it is false. If the man is innocent
the court assumes that the cause of
publication is malicious. The only thing
necessary to make the wrongd one's
ca-p clear is to prove that the defama
tion was published.
The Paper's Defense
In onler to defend Itself a newspa
per must not only prove that the libel
ous statement was true but that it
was published for a justifiable purpose
and for good ends.
In this connection Professor Wil
son emphasized the fact that the libel
law is to protect a man's reputation
what others think of him and not
his self esteem what he thinks of
himself. It is therefore necessary that
the defamation be published. Recit
ing the entire vulgar dictionary to a
man, if no one else is present is not
libelous because It is not published.
In considering cases of libel not per
se Professor Wilson illustrated the
diversity of forms which this may take
by showing that the damage done de
pends upon the circumstances rather
than upon the statement tself. Publi
cation of information which under ordi
nary circumstances would be entirely
innocent might in peculiar conditions
support a libel suit.
Three "Privileged" Exception
There are three exceptions to this
classs of libel, all of which are based
on the fundamental principle that the
welfare of the republic Is the supreme1
law of the land. Men in the legisla
tive balls of state or nation are immune
from slander and libel. Judicial men
and high administrative officers are
also immune. In all these cases the
law holds that the independence of
their judgment is of first importance.
There is also a qualified privilege
permitted publishers of apparently
libelous matter when It can be proven
that the publisher is in good faith.
Criminal law, in which the state
takes action against the offender, was
unknown in Nebraska until several
years ago when the legislature passed
a law to the effect that any person
who publishes or causes the publica
tion of false defamatory matter is
guilty of a mlsdemeaor and .snail be
punished with a five or not more than
$500 or not more than six months in
the county Jail, except in the case
where the publication' has general cir
culation, when the punishment shall
be imprisonment in the penitentiary.
P.ecause the law covers the publication
of false statements, proof of the truth
of the.se statements is a defense In
criminal libel in Nebraska.
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