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abridgment action alleged appears applied arrangement called cause chapter character charge claim committed common common law composition considered constitute contained contempt copy course court damages defendant doctrine effect employed England entitled evidence exist expressed fact false further give given ground hand held indictment individual injunction injury intention interest Johns judge judgment jury justice king known labor language letter libel literary Lord malicious manner manuscript materials matter means ment nature necessary newspaper notes offense opinion original party person picture plaintiff possession present principle printing privileged proceedings produced protection publication published punishment question reason receiver reference reflecting regard respect rule says scandalous seems sense slander statute Story taken tending thing thought tion United whole writing written
Page 190 - ... in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a temperance, that may give it smoothness. O, it offends me to the soul, to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings...
Page 138 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death, I do it of malice, because I do it intentionally and without just cause or excuse.
Page 65 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it...
Page 74 - AN ACT FOR PREVENTING THE FREQUENT ABUSES IN PRINTING SEDITIOUS, TREASONABLE AND UNLICENSED BOOKS AND PAMPHLETS, AND FOR REGULATING OF PRINTING AND PRINTING-PRESSES (14 Car.
Page 208 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty...
Page 321 - The second way is that of paraphrase, or translation with latitude, where the author is kept in view by the translator, so as never to be lost, but his words are not so strictly followed as his sense, and that too is admitted to be amplified, but not altered.
Page 100 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 208 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 79 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 289 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.