LIBERTY OF THE PRESS. The right to print and publish the truth, from good motives1, and for justifiable2 ends. 3 Johns. Cas. 394.
2. This right is secured by the constitution of the United States. Amendments3, art. 1. The abuse of the right is punished criminally, by indictment4; civilly, by action. Vide Judge Cooper's Treatise5 on the Law of Libel, aud the Liberty of the Press, passim; and article Libel.
LIBERTY OF SPEECH. The right given by the constitution and the laws to public support in speaking facts or opinions.
2. In a republican government like ours, liberty of speech cannot be extended too far, when its object is the public good. It is, therefore, wisely provided by the constitution of the United States, that members of congress shall not be called to account for anything said in debate; and similar provisions are contained in the constitutions of the several states in relation to the members of their respective legislatures. This right, however, does not extend beyond the mere6 speaking; for if a member of congress were to reduce his speech to writing and cause it to be printed, it would no longer bear a privileged character and he might be held responsible for a libel, as any other individual. Bac. Ab. Libel, B.* See Debate.
3. The greatest latitude7 is allowed by the common law to counsel; in the discharge of his professional duty he may use strong epithets8, however derogatory to other persons they may be, if pertinent9 to the cause, and stated in his instructions, whether the thing were true or false. But if he were maliciously10 to travel out of his case for the purpose of slandering11 another, he would be liable to an action, and amenable12 to a just and often more efficacious punishment inflicted13 by public opinion. 3 Chit. Pr. 887. No respectable counsel will indulge himself with unjust severity; and it is doubtless the duty of the court to prevent any such abuse.
LIBERUM TENEMENTUM, pleading. The name of a plea in an action of trespass15, by which the defendant16 claims the locus17 in quo to be his soil and freehold, or the soil and freehold of a third person, by whose command he entered. 2 Salk. 453; 7 T. R. 355; 1 Saund. 299, b, note.
LIBERUM TENEMENTUM, estate. The same as, freehold, (q. v.) or frank tenement14. 2 Bouv. Inst. n. 1690.