publishe

PUBLISHER. One who does by himself or his agents make a thing publicly 
known; one engaged in the circulation of books, pamphlets, and other papers. 
     2. The publisher of a libel is responsible as if he were the author of 
it, and it is immaterial whether he has any knowledge of its contents or 
not; 9 Co. 59; Hawk. P. C. c. 73, Sec. 10; 4 Mason, 115; and it is no 
justification to him that the name of the author accompanies the libel. 10 
John, 447; 2 Moo. & R. 312. 
     3. When the publication is made by writing or printing, if the matter 
be libelous, the publisher may be indicted for a misdemeanor, provided it 
was made by his direction or consent, but if he was the owner of a newspaper 
merely, and the publication was made by his servants or agents, without any 
consent or knowledge on his part, he will not be liable to a criminal 
prosecution. In either case he will be liable to an action for damages 
sustained by the party aggrieved. 7 John. 260. 
     4. In order to render the publisher amenable to the law, the 
publication must be maliciously made, but malice will be presumed if the 
matter be libelous. This presumption, however, will be rebutted, if the 
publication be made for some lawful purpose, as, drawing up a bill of 
indictment, in which the libelous words are embodied, for the purpose of 
prosecuting the libeler; or if it evidently appear the publisher did not, at 
the time of publication, know that the matter was libelous as, when a person 
reads a libel presence of others, without beforehand knowing it to be such. 
9 Co. 59. See Libel; Libeler; Publication.