James Burgh Quotes
[Libel is] the unavoidable inconvenience attendant upon a high station, which he who dislikes must avoid, and keep himself private…. No man ought to be hindered saying or writing what he pleases on the conduct of those who undertake the management of national affairs, in which all are concerned, and therefore have the right to inquire, and to publish their suspicions concerning them. For if you punish the slanderer, you deter the fair inquirer.
This principle was incorporated into American law by the Supreme Court 1964 decision in Sullivan v. New York Times, where this argument drove the opinion.
James Burgh, 1714-1775, English Whig Politician & Political Philosopher, Political Disquisitions, 1774
Sourced by: Eigen's Political and Historical Quotations
The libel and slander laws in England were then, and are today, dramatically different from those of the United States in two fundamental ways: In America truth is an absolute defense; in England you can’t say true things about people which are personally libelous. Second, in America politicians and public figures are not entitled to a verdict even if the statements are inadvertently or possibly false. Without the Constitutional protections of freedom of speech and freedom of the press, the reputations of people including public figures are given much more weight in England than in America.
The evils of the time were even worse than in modern times. Most newspapers, journals, and periodicals were in 1835 actually owned and operated by political parties or people totally identified with political parties. In modern times, there are publications and blogs which are controlled by political forces, but most are not.
This distinction is the basis for the Supreme Court Decision in New York Times v Sullivan where they ruled that the libel of a public figure is not to be punished unless it was malicious and not just defamatory. In England, a person can be sued for slandering a politician. Worse, truth is not an absolute defense in a libel suit in England as it is in the United States.
Twenty year prison sentences were imposed for publishing left wing Bolshevik literature. The case was appealed to the Supreme Court:
Usually Jefferson was the strongest voice for rights with no loopholes. However, he wanted to have a slander exception as this quote shows. However, the issue is what happens if a government official or an agency believed that it has been falsely slandered? If Jefferson’s proposal was accepted completely, the government and officials could sue someone who published negative information that they thought was false. Our supreme court has limited the exception to private parties who were NOT “public figures” unless the publisher knew the information was false and proceeded anyway for malicious reasons.
England and most other countries do not have such an exception and the press is very timid about criticizing the government or officials lest they make a mistake .
The word “printer” had a slightly different meaning then. In Jefferson’s time the printer was also the publisher, Benjamin Franklin was known as a printer but he not only published material but wrote much of it himself. This was typical. So Jefferson is concerned with the rights of the printer, the publisher and the writer.
James Burgh (1714–1775) was a British Whig politician whose book Political Disquisitions set out an early case for free speech and universal suffrage: in it, he writes, "All lawful authority, legislative, and executive, originates from the people." He has been judged "one of England's foremost propagandists for radical reform".
