This is a printer friendly version of an article from GoUpstate.com
To print this article open the file menu and choose Print.
Article published Feb 22, 2006
COLUMBIA -- People would no longer be jailed for criminal libel under a bill that cleared the House Judiciary Committee on Tuesday.
The law was found unconstitutional years ago, but because it is still on the books, charges can be filed and people can be arrested and jailed, said Bill Rogers, executive director of the South Carolina Press Association.
"I think it's a good development today," said Jay Bender, a Columbia lawyer who represents several news organizations.
He said at least three people in recent years have faced prosecution for work they had done at newspapers in Williamsburg, Berkeley and Barnwell counties. U.S. District Judge Joe Anderson found the state statute unconstitutional, Bender said.
The measure allows people to continue to bring lawsuits for libel and slander if their names or reputations are harmed, Bender said.
The law "does smack somewhat of totalitarianism," said Rep. Jim McGee, R-Florence. He introduced the bill after a local prosecutor considered prosecuting a criminal libel case but found the law had been ruled unconstitutional. He asked that the law be changed or eliminated.
Some lawmakers oppose the change. "I think criminal slander and libel ought to be reinstated," said Rep. John Graham Altman, R-Charleston. "I never saw anything wrong with that law."