1820 Oct. 12 Spanish liberticide measures 8 §. 2. Press violation Reasons

against libel law

shapes in which the assistance employed is afforded.

2. The evil that results from this liberty is misrule.

It is less in the case where the object of the imputation is a public

functionary than where he is a non-functionary /in the case of an individual at

large/: it is less and less as the place of the functionary in question is

higher and higher in the scale of power. Against the imputation whatever be its

nature The public functionary as such is furnished with means of defence and

protection over and above all those which the individual at large can have.

If the imputation be specific as in case of defamation, charging him with

/alledging the existence of / some specific act /matter of fact/ by which an

evidence of his inaptitude /deficiency/ in respect of one or other of the three

branches of appropriate official aptitude as above is demonstrated /indicated/,

he has, for the finding of /his situation affords him such a probability /in his

case/ of his finding to an amount adequate in quality and number/ persons able

and willing to assist him in repelling the imputation /allegation/ over and

above any that has place in the other case. This probability and the support and

advantage afforded by it is greater and greater as the place of the functionary

in question rises /stands/ higher and higher in the scale of power. True it is

that Having one common interest common to them all let the place of the person

in question be the lowest in the scale, having a common interest common to them

all /the whole number/, in all who have or look to have any share in the power,

will a disposition more or less strenuous to concurr in yielding such support

and assistance will have place. But the higher the person in question is in the

scale of power, the greater the facility he will have /more efficient the /his/

faculty/ of serving or disserving their respective particular interests and

thus, while the common interest is the same, the /added to this will be a/

particular interest more and more powerful and efficient the higher the place of

the party affected by the imputation is in the scale of power: and thus in the

case of a public functionary the evil from an imputation on his reputation /as

such to any given effect as such/ is essentially less than in the case of any

other person: in the one case the evil is less because in that case a man is

furnished with a remedy against it over and above any which has place in the

other case.