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Child, an anti-slavery activist and the husband of Lydia Marie Child, had published an article charging that State Senator John Keyes had corruptly rigged a public printing bid in favor of "that reprobated Jackson Press," a Jacksonian political organ. He was charged with criminal libel. This is the record of the trial, beginning with the indictment, and including the jury empanelment, opening statements, summary of witnesses' testimony, closing statements, charge to the jury, and verdict. The jury found Child guilty despite his counsel's eloquent defense of freedom of the press: public officials may not "entrench themselves behind" coercive legal "barriers when their public administration is called into question. It is not for them to close the door against official investigation, or check the spirit of free inquiry into public abuses, by threatening to bring down the strong arm of the law upon all who" criticize them.
Excerpt from Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing in the Massachusetts Journal: A Libel of the Honorable John Keyes, Before the Supreme Judicial Court, Holden at Cambridge, in the County of Middlesex, October Term, 1828 This was no more nor less than a proposal to give$500 from the Treasury of Massachusetts to that reprobated Jackson Press. And that the said David L.Child, on the day and year last aforesaid, with force and arms, at Acton aforesaid in the County aforesaid, the aforesaid false, scandalous and malicious Libel, so as aforesaid framed, printed and published, did utter and publish, to divers good citizens of the said Commonwealth, in differe...
A fascinating comparative history of the legal arguments and strategies used to regulate expression in Massachusetts and Nova Scotia.
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