Libel
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
n.
In practice. The Initiatory pleading on the part of the plaintiff or complainant in an admiralty or ecclesiastical cause, corresponding to the declaration, bill or complaint. In the Scotch law it is the form of the complaint or ground of the charge on which either a civil action or criminal prosecution takes place. Bell. In torts. That which Is written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Palmer v. Concord, 48 N. H. 211, 97 Am. Dec. 605; Negley v. Farrow, 60 Md. 175, 45 Am. Rep. 715;. Weston v. Weston, 83 App. Div. 520, 82 N. Y. Supp. 351; Collins v. Dispatch Pub. Co., 152 Pa. 187, 25 AH. 546, 34 Am. St. Rep. 636; Hartford v. State, 96 Ind. 463, 49 Am. Rep. 185. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his ocoupatlon. Civ. Code Cal. § 45. A libel is a false and malicious defamation of another, expressed in print or writing or pictures or signs, tending to injure the repuj tation of an individual, and exposing him to public hatred, contempt, or ridicule. The publication of the libelous matter is essential to recovery. Co.de Ga. 1882, § 2974. A libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule. Pen. Co.de Cal. § 248; Rev. Co.de Iowa 1880, § 4097 ; Bac. Abr. tit. "Libel;" 1 Hawk. P. C. 1, 73, § 1; Com. v. Clap, 4 Mass. 168, 3 Am. Dee. 212; Clark v. Binney, 2 Pick. (Mass) 115; Ryckman v. Delavan, 25 Wend. (N. Y.) 198; Root v. King, 7 Cow. (N. Y.) 620. A libel is a censorious or ridiculing writing, picture, or sign made with a mischievous intent. State v. Farley, 4 McCord (S. C.), 317 ; People v. Crosweli, 3 Johns. Cas. (N. Y.) 354; Steele v. Southwick, 9 Johns. (N. Y.) 215; McCorkle v. Binns, 5 Bin. (Pa.) 348 ; 6 Am. Dec. 420. Any publication the tendency of which is to degrade or injure another person, or to bring him into contempt, ridicule, or hatred, or which accuses him of a crime punishable by law, or of an act odious and disgraceful in society, is a libel. Dexter v. Spear, 4 Mason, 115, Fed. Cas. No. 3,867; White v. Nicholls, 3 How. 291, 11 L. Ed. 591. A libel is a publication, without justification or lawful excuse, of words calculated to injure the reputation of another, and expose him to hatred or contempt. Whitney v. Janesville Gazette, 5 Biss. 330, Fed. Cas. No. 17,590. Everything, written or printed, which reflects on the character of another, and is published without lawful justification or excuse, is a libel, whatever the intention may have been. O'Brien v. Clement, 15 Mees. & W. 485.
— Criminal libel. A libel which is punishable criminally; one which tends to excite a breach of the peace. Moody v. State, 94 Ala. 42, 10 South. 670; State v. Shaffnor, 2 Pen-newill (Del.) 171, 44 Atl. 620; People v. Stokes, 30 Abb. N. C. 200, 24 N. Y. Supp. 727.
— Libel of accusation. In Scotch law. The instrument which contnins the charge against a person accused of a crime, libels are of two kinds, namely, indictments and criminal letters.
— Seditious libeL In English law. A written or printed document containing seditious matter or published with a seditious intention, the latter term being defined as "an intention to bring into hatred or contempt, or to excite disaffection against, the king or the government and constitution as by law established, or either house of parliament, or the administration of justice, or to excite British subjects to attempt otherwise than by lawful means the alteration of any matter in church or state by law established, or to promote feelings of ill will and hostility between different classes." Dicey, Const. (4th Ed ) 231, 232. See Black, Const. Law (3d Ed.) p. 654.
v. In admiralty practice. To proceed against, by filing a libel; to seize under admiralty process, at the commencement of a suit. Also to defame or injure a person's reputation by a published writing.