Texas Constitution:Article I, Section 8: Difference between revisions

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{{DISPLAYTITLE:Article I, Section 8 of the Texas Constitution (''<small>"Freedom of Speech and Press; Libel"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article I, Section 8 of the Texas Constitution (''<small>"Freedom of Speech"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:


'''Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.'''
'''Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.'''
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As reflected by the decisions referenced below, the shift from Democratic to Republican control of the Texas Supreme Court in the 1990s resulted in a fundamentally different approach to cases brought under this section.
As reflected by the decisions referenced below, the shift from Democratic to Republican control of the Texas Supreme Court in the 1990s resulted in a different approach to cases brought under this section.


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* ''A. H. Belo & Co. v. Wren'', 63 Tex. 686, [https://texaslegalguide.com/images/063_Tex_686.pdf#page=37 722] (1884) ("The publisher of defamatory matter is exempted from responsibility in such cases, because the demands of public policy for the publication outweigh all considerations requiring the protection of private reputation in the particular case. The public are not regarded as having such an interest in proceedings embodying defamatory matter as will outweigh the necessity of protecting the character of individuals, unless they are proceedings of a legislative or judicial character. Cooley's Const. Law, 568; Townshend on Libel, 411; Sanford ''v''. Bennett, 24 N.Y. 20.")
* ''A. H. Belo & Co. v. Wren'', 63 Tex. 686, [https://texaslegalguide.com/images/063_Tex_686.pdf#page=37 722] (1884) ("The publisher of defamatory matter is exempted from responsibility in such cases, because the demands of public policy for the publication outweigh all considerations requiring the protection of private reputation in the particular case. The public are not regarded as having such an interest in proceedings embodying defamatory matter as will outweigh the necessity of protecting the character of individuals, unless they are proceedings of a legislative or judicial character. Cooley's Const. Law, 568; Townshend on Libel, 411; Sanford ''v''. Bennett, 24 N.Y. 20.")


|seo_title=Article I, Section 8 of the Texas Constitution ("Freedom of Speech and Press; Libel")
|seo_title=Article I, Section 8 of the Texas Constitution ("Freedom of Speech")
|seo_keywords=Article 1 Section 8, free speech, libel
|seo_keywords=Article 1 Section 8, free speech, protected speech
|seo_description=Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege.
|seo_description=Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights