ABSTRACT
The term libel acquired much of its harsh meaning from the French libelles, the little books French revolutionaries wrote attacking the aristocracy. The laws of libel in the United States have matured into just such a murky brew. The young nation had fought a revolution to rid itself of tyranny by government and its rulers. It was not about to allow that again in the new democracy by silencing free speech or free press, no matter how raucous. The new definition was so hard to prove against the press that the highest public official ever to prevail in court under the malice doctrine was Senator Barry Goldwater. The public, as represented by juries all over the United States has become much harder on the press than the law allows. The law is an evolving, not a static, master. Judges respond to public sentiment and that sentiment was undoubtedly shouting for the news media to use their unique freedom more carefully.
