Odger's English Common Law

8 PUBLIC RIGHTS.
any act which, would manifestly endanger another's life, or
any breach of the peace, and hold the offender until he
desists from his criminal attempt. 1
Then, in the case at all
events of a breach of the peace, he must release him ; he is
not entitled to detain him after the affray is over, unless he
holds a warrant from a justice authorising him so to do.
Again, every man has an absolute right to have his
reputation preserved inviolate. Any actual disparagement
of his good name is a wrong for which civil proceedings, and
sometimes even criminal proceedings, will lie. A man's
livelihood often depends on his reputation. Hence words,
which on the face of them must injure the reputation of the
p'erson to whom they refer, are clearly defamatory and, if
false, are actionable without proof that any particular damage
has followed from their use. Words, on the other hand,
which merely might tend to injure the reputation of another
are prima facie not defamatory, and even though false are not
actionable, unless as a matter of fact some appreciable injury
has followed from their use.
Every one has a right to comment on matters of public
interest and general concern, provided that he does so fairly
and with an honest purpose. This right is in no way the
special privilege of the Press ;
every citizen has full freedom
to speak and to write on such matters. Such comments are
not libellous, however severe in their terms, so long as the
writer truly states his real opinion of the matter on which he
comments, and does not assert as a fact that which is untrue. 2
This right is a very wide one. Every man may discuss fully
and fearlessly every matter of public concern in the State;
he may comment on any proposed legislation and on the
public conduct of any public man ; he may criticise freely
any published book, or poem, any play, picture or statue
publicly performed or exhibited, or any public concert or
entertainment.
Every person within the realm, whether a British subject
or not, has a right to pass and repass along every highway in
1 Handeoclt v. Baker (1800), 2 Bos. & Pul. 260.
2 Merwale and wife v. Carton (1887), 20 Q. B. D. 275.