Commonwealth v. Clap
Massachusetts Supreme Judicial Court
The defendant was indicted for making and publishing the following malicious libel against one Caleb Hayward, an auctioneer, and posting it up in several public places in State Street, in Bostonp viz., “ Caleb Hayward, is a liar, a scoundrel, a cheat, and a swindler. Don’t pull this down.”
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The defendant was indicted for making and publishing the following malicious libel against one Caleb Hayward, an auctioneer, and posting it up in several public places in State Street, in Bostonp viz., “ Caleb Hayward, is a liar, a scoundrel, a cheat, and a swindler. Don’t pull this down.” Upon the trial at the last November term, before Parker, J., the counsel for the defendant insisted upon their right to prove the truth of the matters charged in the libel, and stated that, if permitted, they could prove that, in a course of dealing between the defendant and Hayward, the latter had…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
The defendant has been convicted, by the verdict of a jury, of publishing a libel. On the trial, he moved to give in evidence, in his defence, that the contents of tire publication were true. This evidence the judge rejected, and for that reason, the defendant moves for a new trial.
It is necessary to consider what publication is libellous, and the reason why a libellous publication is an offence against the commonwealth.
A libel is a malicious publication, expressed either in printing or writing, or by signs and pictures,…
2Cited by74 opinions
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- McDonald v. SmithSupreme Court of the United States · 1985
- White v. NichollsSupreme Court of the United States · 1845
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Hamilton v. . EnoNew York Court of Appeals · 1880
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