ete. Thus a distinguished judge, later that it is not necessary for the complainant to prove particular, or “special” damage, such as the loss of employment, patronage, etc.). Of course, the question what constitutes “public shame, contempt and ridicule” permits infinite argument but the general principle is clear. Accusations of crime and dishonesty are libelous.
Among the particular characterizations which have been held libelous are crook, “rascal,” “liar,” and “shyster” (of a lawyer). To charge professional incompetency is libelous. Falsely to allege facts tending to show dishonesty or immorality is libel. A libel plaintiff, on trial, has an unusual advantage: once having proved the publication of the offending paper, he is relieved of the burden of proof as to its falsity. The burden shifts to the defendant to justify his defamatory assertions.




Comments