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Richmond, Virginia
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In New York's legislature, the Council of Revision, via Chancellor Morgan Lewis, objects to a libel bill for lacking discrimination on libel intent, potentially allowing malicious attacks on public officials without public interest justification. Consideration postponed.
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The council object to the bill, entitled 'An act concerning libels,' as improper to become a law of this state.
Because the bill making no discrimination with respect to the nature, tendency, or intent of the libel. is calculated to subject men in, or candidates for office, to wanton and useless obloquy—to have their mental foibles or corporal exposed, distorted and exaggerated; although such foibles or infirmities may neither detract from the integrity of their moral or political characters, from the rectitude of their official conduct, or from their ability to discharge the duties of the places they fill, or are candidates for, beyond which the public cannot have any essential interest that can possibly be promoted by the publications described in the bill—thus leaving the feelings of private citizens sheltered by the salutary restraints of the existing laws and abandoning those of the public functionaries to the merciless laceration of malice and revenge: And permitting factious, turbulent or discontented individuals, to awe and humble the spirit of officers disposed to discharge their duty faithfully, and whose independence and responsibility it is of the utmost importance to the community effectually to preserve, holding them only responsible for the legitimate exercise of the powers entrusted to them for the public good.
MORGAN LEWIS.
Ordered, that the consideration of the said objections be postponed until to-morrow.
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Legislature Of New York
Event Date
Tuesday Last
Story Details
The Council of Revision objects to the bill 'An act concerning libels' for not discriminating based on the nature, tendency, or intent of the libel, which could expose public officials to undue criticism without protecting their integrity or duties, while leaving private citizens protected.