Lotteries: What Constitutes: Sale of Chances

1909 Michigan law review  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. MICHIGAN LAW REVIEW MICHIGAN LAW REVIEW date, an article purporting to state facts relating to the plaintiff's official conduct. In an action for the alleged libel, held, that if the defendant honestly believed the facts to be true, and published them in good faith for the purpose of aiding the voters of the state to cast their ballots more intelligently, the article was privileged, even though the facts therein were not actually true. Coleman v. MacLennan (I908), -Kan. -, 98 Pac. 28I. By weight of authority neither the public press nor private individuals can discuss the conduct or character of public officers, or of candidates, without incurring liability for defamatory utterances which are false. I8 The decision in the principal case is based upon the 'theory that the majority rule as laid down in these cases is too narrow, and that its application necessitates an abridgement of the constitutional right of free speech, leaving "no greater freedom for the discussion of matters of the gravest public concern than it does for the discussion of the character of a private individual." This view has obtained the sanction of a minority of the courts: Maine, Minnesota, South Dakota, North Carolina, Iowa, Pennsylvania and New Hampshire being among the jurisdictions in which it has been so held. Branford v. Clark, go Me. 298; Ramsey v. Cheek, Io9 N. Car. 270; Bays v. Hunt, 60 Ia. 251; Palmer v. Concord, 48 N. H. 2II; Myers v. Longstaff, 14 S. D. 98; Marks v. Baker, 28 Minn. I62. LOTTERIES-WHAT CONSTITUTES-SALE oP CHANCES.-Defendant and his
doi:10.2307/1272853 fatcat:lnzddhsmnvamlo2edgpfecr4iy