Alabama Constitution Section 12 - Prosecutions for libel or for publication of papers investigating official conduct of public officers.
Alabama Constitution – Section 12: Prosecutions for Libel or for Publication of Papers Investigating Official Conduct of Public Officers
Text of Section 12:
“In all prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the jury shall find the defendant not guilty. The jury shall have the right to determine the law and the facts.”
Explanation:
Section 12 of the Alabama Constitution provides strong protections for freedom of the press and speech, particularly in the context of libel cases related to public matters or government officials.
Key Points:
Truth as a Defense:
If the person accused of libel proves the statement is true, they can use this as a valid defense in court.
Good Motives and Justifiable Ends:
Even if a statement is true, it must also be shown to be published with good intent and for justifiable reasons to qualify for acquittal.
Jury's Power:
The jury is not limited to deciding just the facts (what happened); they are also empowered to interpret the law, which is unusual and gives more influence to jurors in such trials.
Purpose:
This section ensures that journalists and citizens can investigate and publish information about public officials without fear of punishment, as long as their reporting is truthful and responsible.
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