Libel in United States

Libel Definition

In Practice. A written statement by a plaintiff, in ecclesiastical and admiralty courts, of his cause of action, and of the relief he seeks to obtain in a suit. Law, Ecc. Law, 17; Ayliffe, Par. 346; Shelf. Mar. & Div. 506; Dunl. Adm. Prac. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chancery and the declaration in common-law practice. In Torts. That which la written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Parke, J., 15 Mees. & W. 344. 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. 15 Mees. & W. 487. A malicious defamation, expressed either in printing or writing, or by signs or pictures, and tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. 1 Hawk. P. C. bk. 1, c. 73, i 1; 4 Mass. 168; 2 Pick. (Mass.) 115; 9 Johns. (N. Y.) 214; 1 Denio (N. Y.) 347; 24 Wend. (N. Y.) 434; 9 Barn & C. 172; 4 Man. & R. 127; 2 Kent, Comm. 13. It has been defined, perhaps, with more precision, to be a censorious or ridiculous writing, picture, or sign made with a malicious or mischievous intent towards government, magistrates, or individuals. 3 Johns. Cas. (N. Y.) 354; 9 Johni. (N. Y.) 215; 5 Bin. (Pa.) 340. Any publication not oral, which exposes a person to hatred, contempt, ridicule, or obloquy, or tends to injure him in his business or calling, impairing his standing in society, or cause him to be shunned or avoided by his neighbors. Odgers, Libel & S. 22.

Libel in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Libel

Scan Libel in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

In Practice. A written statement by a plaintiff, in ecclesiastical and admiralty courts, of his cause of action, and of the relief he seeks to obtain in a suit. Law, Ecc. Law, 17; Ayliffe, Par. 346; Shelf. Mar. & Div. 506; Dunl. Adm. Prac. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chancery and the declaration in common-law practice. In Torts. That which la written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Parke, J., 15 Mees. & W. 344. 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. 15 Mees. & W. 487. A malicious defamation, expressed either in printing or writing, or by signs or pictures, and tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. 1 Hawk. P. C. bk. 1, c. 73, i 1; 4 Mass. 168; 2 Pick. (Mass.) 115; 9 Johns. (N. Y.) 214; 1 Denio (N. Y.) 347; 24 Wend. (N. Y.) 434; 9 Barn & C. 172; 4 Man. & R. 127; 2 Kent, Comm. 13. It has been defined, perhaps, with more precision, to be a censorious or ridiculous writing, picture, or sign made with a malicious or mischievous intent towards government, magistrates, or individuals. 3 Johns. Cas. (N. Y.) 354; 9 Johni. (N. Y.) 215; 5 Bin. (Pa.) 340. Any publication not oral, which exposes a person to hatred, contempt, ridicule, or obloquy, or tends to injure him in his business or calling, impairing his standing in society, or cause him to be shunned or avoided by his neighbors. Odgers, Libel & S. 22.

More Resources

• Access Points
• Thesaurus
• Index
• Historical Collections
• Glossary
• Notice

Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.

Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

This definition of Libel Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Libel and the First Amendment

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled LIBEL AND THE FIRST AMENDMENTA central historical question about the first amendment is to what extent it embodied the received eighteenth-century legal traditions of English law and governmental practice as they were reshaped and renewed in the colonial, revolutionary, and formative periods in
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

• Constitutional Law Outline
• Constitutional Law Outline (United States)
• Constitutional Lawyer
• Constitutional Law of India
• Constitutional Law Definition
• Constitutional Law Cases
• Constitutional Law Cases (United States)

Libel Constitutional Limitations

Introduction to Libel

Until 1964 libel was considered to be outside the U.S. Constitution’s guarantee of free expression. Then, in a land-mark decision, the Supreme Court ruled
that certain false and libelous communications, if inadvertently made, are protected by the 1st Amendment. As a result, public officials or other public figures can now pursue libel claims only for communications made with knowledge of, or in reckless disregard of, their falsity; that is, made with “constitutional malice”. Libel about private individuals, who are considered less able to respond to damaging communications, cannot legally be punished unless, at minimum, it is negligently made. It is now also recognized that ideas and opinions, whether true or false, cannot constitutionally be subject to libel claims. The full effects of the constitutional revolution begun by the Supreme Court have yet to be determined.” (1)

Libel Actions by Public Officials

This section examines the Libel Actions by Public Officials subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Meaning of Libel

In plain or simple terms, Libel means: A method of defamation expressed by print, writing, pictures or signs. In its most general sense any publication that injures the reputation of another.

Libel (Related Legal Issues)

This section introduces, discusses and describes the basics of libel. Then, cross references and a brief overview about Related Legal Issues is provided. Finally, the subject of Communications Law in relation with libel is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Notes and References

• Information about Libel in the Encarta Online Encyclopedia

Guide to Libel

Libel meaning

Libel is written defamation of the defendant by the plaintiff. As the defamation is in writing there is less cause for doubt as to the statement and the statement can be presumed to have had greater impact than unpublished spoken words. For these reasons damages in cases of libel are presumed.
Truth is an affirmative defence to libel, and must be proven by the plaintiff.

Bright v. Los Angeles Unified School Dist., 51 Cal.App.3d 852, 124 Cal.Rptr. 598, 604.
Washer v, Bank of America Nat. Trust & Savings Ass’n, 21 Cal.2d 822, 136 P.2d 297, 300.
N. Y. Times v. Sullivan, 376 U S. 254. 11 L.Ed.2d 686.