The Continental Monthly, Vol. 6, No 2, August, 1864: Devoted to Literature and National PolicyVarious
Religion
The Continental Monthly, Vol. 6, No 2, August, 1864: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
'The press is completely open to treason, sedition, blasphemy, and
falsehood, with impunity.... I do not know whether you see
Cobbett's _Independent Whig_, and many other papers now circulating
most extensively, and which are dangerous much beyond anything I
can describe.'
This is a sweeping censure, but, allowing for a little personal
irritation, natural enough under the circumstances--he had been
lampooned himself--is true of a great portion of the press. The supply
was regulated by the demand, and the character of the wares purveyed
depended upon the wants of the market. Editors found that scandal was
eagerly devoured by their subscribers, and they did not therefore
hesitate or scruple to gratify the prevailing tastes of the day. But the
better class of papers were not able to keep clear of the law of libel,
even though they did not condescend to pander to the vitiated tastes of
the multitude. Many of them had to sustain actions for merely reporting
proceedings before the police magistrates and in the law courts, and
many a rascal solaced himself for the disagreeables attending a
preliminary examination at the police court for a criminal offence, by a
verdict in his behalf in a civil action against any newspaper that had
been bold enough to print a report of the proceedings. This kind of
action originated from a ruling of Lord Ellenborough, that it was
'libellous to publish the preliminary examination before a magistrate
previously to committing a man for trial or holding him to bail for any
offence with which he is charged, the tendency of such a publication
being to prejudice the minds of the jurymen against the accused, and to
deprive him of a fair trial.' This monstrous and at the same time absurd
doctrine remained in force for many years, but is now happily no longer
the law of the land.
Public-domain text, read in full here on John Shaqi.
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