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NeCede's

Maxim 7.1.30

It is not just and proper that he who speaks ill of a bad man should be condemned on that account; for it is fitting and expedient that the crimes of bad men should be known.

Source: Dig. 47, 10, 17; 1 Bl. Comm. 125; Weisman, 26dd Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Truth is a defense to defamation — a man who speaks truthfully about the crimes of a wrongdoer cannot be condemned for doing so, because the public has a right to know.

Where this applies

  • A journalist publishes an article exposing a corrupt politician's bribery, and the politician sues for defamation — the journalist prevails because the story was true.
  • A neighbor tells others that a local contractor defrauded elderly homeowners, and the contractor's libel suit fails because the accusations are factually accurate.
  • A whistleblower reveals that a company has been illegally dumping waste, and the company's attempt to sue for reputational harm is dismissed because the public has a right to know.

Legal domains

Cite this maxim

NeCede Max. 7.1.30 — It is not just and proper that he who speaks ill of a bad man should be condemned on that account; for it is fitting and expedient that the crimes of bad men should be known. — Dig. 47, 10, 17; 1 Bl. Comm. 125; Weisman, 26dd

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