The pitfalls
of Libel
Defamation is divided into two categories,
libel and slander, to which different modes
of procedure are given by the courts. As a
general rule, libel is written defamation and
slander is spoken. Some courts have expand
ed the definition of libel, making it include
all defamation which offers a greater po
tentiality of harm than does slander. As a
result, written materials, signs, cartoons,
television, and even radio broadcasts
which have been taped or presented from
written script have been adjudged as libel.
Defamation has been defined as that
which tends to diminish the esteem, re
spect, goodwill, or confidence in which a
person is held or to incite adverse and
derogatory feelings and opinions against
him. A person may defame another either
by outright expression or by insinuation
or innuendo.
The first major question involved in a
defamation case is whether the written or
spoken words or signs are defamatory in
the eyes of the law. Mere words of abuse
and a certain amount of vulgar name-call
ing may be tolerated, but when only un
derstood to amount to nothing serious. Ob
jective standards by which the court de
termines what is and what is not defama
tory usually must be determined from the
circum stances surrounding the alleged vio
lation. Generally, the judge determines
whether the language is capable of bearing a
defamatory meaning and the jury decides
whether it was in fact defamatory, i.e.,
whether it was so understood.
In all action for libel and slander, the
words alleged to be defamatory must be
interpreted as such; they must be under
stood in the defamatory sense whether or not
they are believed by the listeners or read
ers. If the defamatory meaning arises only
from the facts not apparent upon the sur
face of the publication, the plaintiff must
establish the defamatory with reference to
facts. If the words are defamatory upon their
face (such as naming the wrong person as
a convicted criminal), this is defamatory
per se and it does not require proof of
the meaning gathered from surrounding
events to be adjudged libelous. Such state
ments as “It is alleged,” “It was report
ed,” or “According to police” do not pro
tect a reporter in making a libelous state
ment.
Formerly, all libel was actionable with
out proof of some injury or harm to per
son or property. Today, however, many
jurisdictions treat libel like slander, in
that they require proof of the damages
incurred except in the following four
cases:
(1) the imputation of a serious crime in
volving moral turpitude,
(2) the imputation that the party is in
fected with a contagious disease,
(3) the imputation affecting the plaintiff
in his business, trade, office or profession,
and
(4) the imputation reflecting upon the
chastity of a woman.
The newspaper then, is not the only organ
subject to libel and slander, any speaker
or writer is, if he is within the above
frameworks. When Dr. Lyons says,inhis 33
page report to the board of trustees that,
‘It is alleged that the adviser to the pa
per has been busy mailing copies around
the country to a widely distributed clientel
and that he has PERSONALLY peddled cop
ies of the paper on occasion to downtown
businesses in Fayetteville,” he is using the
very defamation techniques with which he
charges the student paper. He is himself,
liable to libel and slander.
DON'T LET GREEN GRASS FOOL YOU!!!
Spring is here and the flowers are bloom
ing, the birds are singing, and the sap is
rising. For many years the winter had hid
many secrets of many young ladies. The
Spring brings about the pulling off of heavy
coats, the wearing of less cloHiing, and the
hassel of trying to find a cool spot.
Spring brings about the discovery of many
pregnancies of many fine black college
women. If you have not been caught up in
this trap, BE CAREFUL. Let the green
grass grow, don’t use it for a back cushion.
Brothers take care of your Fine Black Wo
men.
Just a little bit
THE VOICE...MAY 12. 1971...PAGE 9
BLACK SISTERS
YELLING RESPECT
Many of Fayetteville State University
Black Women are complaining about the dis
respect that their Black Brothers at Fay
etteville State have for them.
Let’s take the dining hall for an example:
the sisters stand in line for an hour and
the brothers come in a cut line, notone bro
ther, several. The sister sits down to the
table and every other word that comes from
the Brother’s mouth is that of profanity.
The brothers see the sisters coming and they
rush in so that they will not have to hold the
door open for the sisters. No let’s stop
Sisters and think about the following three
questions.
(1) Do I respect my Brothers?
(2) Do I carry myself in a manner that my
Brothers will respect me?
(3) Have 1 destroyed my image of a Black
woman that deserves respect?
If the Black women at Fayetteville State
University can answer these three questions
yes, then wake up Black Brothers and re
spect your Black Women. How can you ex
pect to^be respected as a Black man if
you can t respect your most precious gift.
THE BLACK WOMAN.
BLACK
LEADERS
By Bro. James M. Waters
Who is not aware of the fact that it is
a long and continuous struggle! For hun
dreds of years, what the white man calls
centuries, black people all over the world
have struggled to take back from Euro
pean (Whites) people their human rights
given to them by the Creator, or if you pre
fer, evolution. The black people’s struggle
has exceeded all boundaries, and to stop
now would be a sin and a crime.
Sometimes the people of a struggle have
a tendency to let good leaders slip down
the drain by failing to listen to them. Some
leaders are not receptive to the people’s
ears until their death or assassination.
Then the people discover that they just
might have been “saying something.” In a
super-advanced and technological society,
one is always busy “going places” or
“doing things” that he may never have time
to benefit from what a leader has to offer.
In this “Pepsi Generation”, we must stop
for a minute, to listen and to think , to lis
ten, and to think. 1 now call to your atten
tion some of the black people’s most bril
liant and valiant leaders.
Marcus Garvey and Malcolm X, both
Pan-Africanists, faithfully taught black peo
ple that the bulk of the solution to liieir
problems lay in the heart of Africa and her
people wherever they resided. Pan-Afri
canism teaches that all black (African)
peoples should unify economically, politi
cally, and socially. Marcus differed from
Malcom by being more of a physical Pan-
Africanist; he actually purchased a ship to
take Blacks to Africa, while Malcolm
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COLLEGE STUDENTS INVITED
MRS. NORA STUBBS. PROPRIETOR
stressed the fact that Blacks should relate
psycholo^cally with Africa; he also taught
the significance of using the self-defense
instinct whenever it needed to be used.
Stokely Carmichael and Rap Brown also
taught Blacks that they should defend them
selves against the white oppressor. As the
years and the form of the struggle change,
so do leaders. While Rap Brown is in iso
lation and cannot speak to his people,
Stokely Carmichael has told his people that
munalism, which some persons confuse with
Marxism because Marx took many ideas
from the African communities.
Much criticism has been thrown at many
black leaders by white people, and of course,
the mass media. Some say that they have
been co-opted; others say they have escap
ed the problem by leaving the country, fail
ing to realize that in most instances, lead
ers are forced to leave. Tell me, if you are
a drum major in a parade, and you step
out to march but the rest of the band does
not follow, are you going to march alone?
Martin Luther King, probably one of the
humblest and most eloquent black leaders,
struggled very diligently to free black peo
ple. Martin tried to “play” on the white
man's conscience, but the white man’s
ears were too thick to hear black people
say, “We shall overcome,” and his eyes
were too small to see that th v were using
non-violence that “he” authorized for an en
slaved people. The white man simply ignor
ed all religious feeling that King and his
many attentive followers cherished, and
his death meant very little to white minds.
African leaders, Patrice Lumumba of the
Congo and Kwame Nkrumah of Ghana have
also done excellent jobs of leading their
sacred and humble people. The people of
the Congo loved and followed Lumumba up
to his death, which some people believe
the C.I.A. is responsible for, and under the
leadership of the philosophical Nkrumah,
blacks of Ghana gained their over-due in
dependence from Great Britian. After
ward, Kwame was exiled to Guinea.
With all of our black leaders being either
in exile, in prison, or dead, leadership has
now boiled down to the so-called legal and
political arena. The thirteen aggressive and
radical black Congressmen that now fin
ally represent black people are certainly
standing up for them. They have already
stood up in Congress, the oppressor’s for
mal place of fooling around, and denounc
ed the racist American government.
Question. Who will take the weight next?
Regardless of who does. Black people must
put into reality the proverb. Action, not
words.” Soon, the struggle will get so harsh
that there will be no room for middle-of-
the-roaders. There are many ideologies and
programs that exist for liberating and ele
vating the black man out of his present
plights. Blacks must choose and apply the
best and the safest one.
Black people must begin to decide....de
cide decide .... or face, genocide...
genocide genocide
SU?
Volume 24 Number 11
THE VOICE
May 12, 1971
Fayetteville State University
Published monthly in conjunction with
THE NEWS WORKSHOP and a campus
staff.
Editor Shirley Evans
As3t. Editors Valinda Carter
Everina Gwyn
News and Features PortiaMills
Manager Cornel Davis
Makeup Hubert Simmons
Art Sue Maloney
Sports Ronald Byrd
Pixs Mike Grannum
News Workshop: Pat Crain, Selma Ken-
ion, Rhonda Moore, Mattie Sturgies
Campus Staff: Angela Calloway, Conrith
Davis, Carolyn Green, Linda Hansley, Jo
anne Hobbs, Melvin Mitchell, Winnie
Mitchell
Advisor
Ollie Cox
.1