Hyde v. State
Wisconsin Supreme Court
ERROR to review a judgment of the municipal court of Brown county: N. J. MoNAhaN, Judge. The plaintiff in error seeks to reverse a judgment of conviction under sub. 2 of sec. 4569 of the Statutes, which reads as follows: “Every person who, in the presence and hearing of another, other than the- person slandered, whether he be present or not, shall maliciously speak of or concerning any person, any false or defamatory words or language which shall injure or impair the…
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ERROR to review a judgment of the municipal court of Brown county: N. J. MoNAhaN, Judge. The plaintiff in error seeks to reverse a judgment of conviction under sub. 2 of sec. 4569 of the Statutes, which reads as follows: “Every person who, in the presence and hearing of another, other than the- person slandered, whether he be present or not, shall maliciously speak of or concerning any person, any false or defamatory words or language which shall injure or impair the reputation of such person for virtue or chastity or which shall expose him to hatred, contempt, or ridicule shall be guilty of…
1Opinion of the CourtWiNsnow, C. J.
In this case it is held:
1. The statute in question is not an abridgment of freedom of speech as guaranteed by the constitution. Freedom of speech does not include license to slander.
2. It is not necessary in a prosecution under this statute to prove that the reputation of the slandered person was in fact injured or impaired. If the slanderous words “expose him to hatred, contempt, or ridicule” the offense is committed. This is the plain reading of the statute and in analogy to the law of criminal libel.
3. The instruction excepted to was somewhat confused in its language, but under the…
2Cases cited3 opinions
- Earley v. WinnWisconsin Supreme Court · 1906
- Kloths v. HessWisconsin Supreme Court · 1906
- Greeler v. RedmondWisconsin Supreme Court · 1913
3Cited by2 opinions
- State v. MonsoorWisconsin Supreme Court · 1973
- Harvey v. MouncouLouisiana Court of Appeal · 1925