publication

a book (for example, novel, instructional manual), or a single issue of a magazine or newspaper, plus such other materials addressed to a specific inmate as advertising brochures, flyers, and catalogues.

Defined by the Supreme Court in Thornburgh v. Abbott, 490 U.S. 401 (1989).

The act by which a thing is made public. Printing without circulation is not publication (5 Fed. 729), and circulation in manuscript is publication (3 Fed. 486). See, also, "Literary Property." It differs from "promulgation" (g. v.) And see, also, Toullier, Dr. Civ. tit. "Preliminaire," note 59, for the difference in the meaning of these two words. Publication has different meanings. When applied to a law, it signifies the rendering public the existence of the law; when it relates to the opening of the depositions taken in a case in chancery, it means that liberty is given to the officer in whose custody the depositions of witnesses in a cause are lodged, either by consent of parties, or by the rules or orders of the court, to show the depositions openly, and to give out copies of them. Prac. Reg. 297; Blake, Ch. Prac. 143. When spoken of a will, it signifies that the testator has done some act from which it can be concluded that he intended the instrument to operate as his will. Cruise, Dig. tit. 38, c. 5, § 47; 3 Atk. 161; 4 Me. 220; 3 Rawle (Pa.) 15; Comyn, Dig. "Estates by Devise" (E 2), "Chancery" (Q). In the Law of Libel and Slander. The communication of the defamatory words to some third person. is the speaking of slanderous words where no third person could hear them. 13 Gray (Mass.) 304. PUBLICI JURIS (Lat.) Of public right. As applied to a thing or right means that it is open to or exercisable by all persons. When a thing is common property, so that any one can make use of it who likes, it is said to be "publici juris;" as in the case of light, air, and public water, PUBLICIANA (Lat.)

In civil law. The name of an action introduced by the praetor Publicius, the object of which was to recover a thing which had been lost. Inst. 4. 6. 4; Dig. 6. 2, 1. 16, 17. Its effects were similar to those of our action of trover, PUBLICUM JUS (Lat.)

In the civil law. Public law; that law which regards the state of the commonwealth {qux>d ad atatum rei Romanae spectat). Inst. 1. 1. 4,

The act by which a thing is made public. It differs from promulgation, which see; and see, also, Toullier, Dr. Civ. Fr. titre Priliminaire, n. 59, for the difference in the meaning of these two words. Publication has different meanings. When applied to a law it signifies the rendering public the existence of the law; when it relates to the opening of the depositions taken in a case in chancery, it means that liberty is given to the officer in whose custody the depositions of witnesses in a cause are lodged, either by consent of parties, or by the rules or orders of the court, to show the depositions openly, and to give out copies of them; Pract. Reg. 297; Blake, Ch. Pr. 143. And when spoken of a will it signifies that the testator has done some act from which it can be concluded that he intended the in- Dec. 263; Appeal of Barnet, 3 Rawle (Pa.) 16; Com. Dig. Estates by Devise (E 2). See Com. Dig. Chancery (Q). As to the publication of an award, see Hunt v. Wilson, 6 N. H. 36. Some of the state constitutions provide that general laws shall not take effect till published. The mode of publication is for the legislature to determine. A general law printed in a volume of private laws was held to have been published; In re Boyle, 9 Wis. 264; but an unauthorized publication is no publication; Clark v. Janesville, 10 Wis. 136. In Pennsylvania, where the constitution did not require publication, it was held to be necessary before an act could be operative; but nevertheless that publication in the legislative journals was sufficient, and that neglect to publish an act in the pamphlet laws did not invalidate the act; Peterman v. Huling, 31 Pa. 432. An inaccuracy in the publication of a statute which does not change its substance or legal effect, will not invalidate the publication; Smith v. Hoyt, 14 Wise. 252; a joint resolution of a general nature must be published; State v. Board, 4 Kan. 261. See Cooley, Const. Lim. 189; Promulgation. See Copyright; Patent; Newspaper; Liberty op the Press. A commercial agency book is a publication; Ladd v. Oxnard, 75 Fed. 703. In a contract for the sale of a serial publication, the word intends the completion of the series; 49 Can. L. J. 161. See Libel.

1. The act of publishing anything or making it public; offering it to publlc notice, or rendering it accessible to public scrutiny.
2. As descriptive of the publishing of laws and ordinances, "publication" means printing or otherwise reproducing cepies of them and distributing them in such a manner as to make their contents easily accessible to the public; it forms no part of the enactment of the law. "Promulgation," on the other hand, seems to denote the proclamation or announcement of the edict or statute as a preliminary to its acquiring the force and operation of law. But the two terms are often used interchangeably. Chicago v. McCo.y, 136 III. 344, 26 N. E. 363, 11 h. R. A. 413 ; Sholes v. State, 2 Pin. (Wist) 499.
3. The formal declaration made by a testator at the time of signing his will that it is his last will and testament. 4 Kent, Comin. 515, and note. In re Simpson. 56 How. Prac. (N. Y.) 134; Compton v. Mitton, 12 N. J. Law, 70; Lewis v. Lewis, 13 Barb. (N. Y.) 23.
4. In the law of libel, publication denotes the act of making the defamatory matter known publicly, of disseminating it, or communicating it to one or more persons. Wilcox v. Moon, 63 Vt 481, 22 Atl. 80; Sprout v. Pillsbury, 72 Me. 20; Gambrill v. Schooley, 93 Md. 48, 48 Atl. 730, 52 In R. A. 87, 86 Am. St Rep. 414.
5. In the practice of the states adopting the reformed procedure, and in some others, publication of a summons is the process of giving it currency as an advertisement in a newspaper, under the conditions prescribed by law, as a means of giving notice of the suit to a defendant upon whom personal service cannot be made.
6.

In equity practice. The making publlc the depositions taken in a suit, which have previously bcen kept private in the office of the examiner. Publication is said to pass when the depositions are so made public, or openly shown, and copies of them given out, in order to the hearing of the cause. 3 BL Comm. 450.
7.

In copyright law. The act of making public a book, writing, chart, map, etc.; that is, offering or communicating it to the public by the sale or distribution of copies. Keene v. Wheatley, 14 Fed. Cas. 180; Jewelers' Mercantile Agency v. Jewelers' Weekly Pub. Co., 155 N. Y. 241, 49 N. E. 872, 41 L. R. A. 846, 63 Am. St. Rep. 666.

1. The declaration of a testator that a given writing is intended to operate as his last wiU. 2. The openiag of depositions, taken in Chancery, to the inspection of the parties. 3. The communication of a libe Eous statement to a third person.