1820 Oct 11 Spanish liberticide measures 2 §. 2. Press violation

In regard to offences of this description, an assumption I see generally if not

universally made is – that for some reason or other where the object of the

supposed injury is a person so situated the offence is more criminal, or to

substitute to this indeterminate expression the only determinate import that

lies at the bottom of it the punishment ought to be greater, than in the case of

an ordinary person not so situated: and under /within/ this assumption is

commonly included another that the higher in the scale of power the person is –

the severer ought the punishment to be: and that in this extraordinary case the

judicatory or the form of procedure, or both ought to be different from what

they are in the ordinary case.

My own opinion being /is on all these points/ the direct contrary. {I shall /It

is – that/ now refer it to you to judge whether} in the case of /where the

object/ a public functionary {there is not good reason for determining that} for

an offence of this description the punishment /infliction/ instead of /so far

from/ being heavier than in the case of a commoner /non-functionary/ ought not

to be so heavy: and that cases are not wanting in which while in the case of a

common person a burthen having the effect of punishment ought to be imposed, in

the case of a public functionary no burthen at all ought to be imposed, {either

in the name of} punishment or in the name of satisfaction or compensation ought

to be imposed.

In a word, my opinion is – {that} unless where the imputation, being specific

defamation, and not mere vituperation is false, and the falshood accompanied

either with self-consciousness or with inexcusable rashness – that with this one

exception in the case where the person struck at /affected/ by the imputation is

a public functionary, affected in respect of his situation as such, no burthen

either in the name of punishment or in the name of satisfaction for injury ought

to be imposed or imposable on any person concerned in conveying the imputation:

and that under /by/ an arrangement to this effect, coupled with the exclusion of

all previous censorship the liberty of the press would be established, and that

by any /every/ act of power exercised on or at the charge of any person so

concerned, the proper liberty of the press is violated.