The Style Book of The Detroit News Part 20

ABSENCE OF ACTUAL MALICE

The principle underlying all the above defenses is that they tend to show an absence of _actual malice_. Many other circ.u.mstances, too numerous and varied to be cla.s.sified, and which properly could be used in the same manner and for the same reason to reduce damages, will readily suggest themselves to every one.

The successful defense of libel suits depends largely on having clear and trustworthy proof of the facts sought to be sustained promptly at hand as soon as the suit is brought.

Any metropolitan newspaper that deserves the name finds itself compelled every day to publish matter that is defamatory in character. Otherwise there would be no journalistic records of crimes or of a large portion of the other occurrences in which the public is interested. The publisher's concern in that particular is a double one--that whatever of that nature is published in his newspaper should be _true_ or _privileged_ and that there should be clear _proof_ of the truth or privilege.

Every newspaper writer frequently finds himself called upon to deal with such matter. If it is the report of a trial in court, he need have regard, so far as his report is concerned, to four points: (1) that the judicial or official proceedings have been already begun in open court; (2) that his report of the testimony, etc., or synopsis of the sworn papers is fair and impartial; (3) that he knows where he can put his hands on the official records to sustain the privilege at any time; and (4) that both sides are similarly published.

If the matter is defamatory and not privileged in any way, then the utmost care before publication with regard to the proof of its truth will be the only safeguard against libel suits.

The publication of such matter on the authority of any person's mere word, however truthful, trustworthy and careful that person may be believed to be, will always be attended with danger. The statements may be entirely true, and yet the giver of the information when called upon may not be able to furnish the proof. If he is, probably he could furnish it as well before as after publication.

The only absolutely certain way for any newspaper writer to avoid all risk of this sort is for him to furnish for publication such defamatory matter only as he can sustain by his own testimony as an eye-witness, or such as he has seen the proofs of before writing the article.

The almost certain result will be to prevent the bringing of a libel suit--the first consideration in this connection. If, on the other hand, a libel suit should be brought, the writer would be able to furnish the publishers with the best means of defense, namely, proof of the truth of the publication--which is of next importance.

PRECISION, SIMPLICITY, EUPHONY

Adams Sherman Hill, professor of rhetoric at Harvard University for nearly 30 years, gives these three rules for good writing:

Precision: Of two forms of expression which may be used in the same sense, that one should be chosen which is susceptible of only one interpretation. Observance of this rule tends to give each word a meaning of its own.

Simplicity: Of two forms of expression which may be used in the same sense, the simpler should be chosen. The simpler a word or phrase, the more likely it is to be understood, and simplicity in language, like simplicity in dress or manners, belongs to the best society.

Euphony: Of two forms of expression which may be used in the same sense, that one should be chosen which is the more agreeable to the ear. It is of course wrong to give undue weight to considerations of euphony, but when no sacrifice is involved it is desirable to avoid an expression that is unusually difficult to p.r.o.nounce or to subst.i.tute for an extremely disagreeable word one that is agreeable to the ear.