Press Restriction

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Pacific Press Publishing Company · Oakland, California · Mar 22, 1899

FromSigns of the Times, Vol. 25, No. 12.

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Press Restriction

Press Restriction.—Following is the new law of California regarding the publication of personal caricature:—
SECTION 1. A new section is hereby added to the Penal Code, to be known as section two hundred and fifty-eight, and to read as follows:—
SEC. 258. It shall be unlawful to publish in any newspaper, handbill, poster, book, or serial publication, or supplement thereto, the portrait of any living person a resident of California other than that of a person holding a public office in this State, without the written consent of such person first had and obtained; provided, that it shall be lawful to publish the portrait of a person convicted of a crime. It shall likewise be unlawful to publish in any newspaper, handbill, poster, book, or serial publication, or supplement thereto, any caricature of any person residing in this State, which caricature will in any manner reflect upon the honor, integrity, manhood, virtue, reputation, or business, or political motives of the person so caricatured, or which tends to expose the individual so caricatured to public hatred, ridicule, or contempt.
A violation of this section shall be a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than one month, nor more than six months, or by both such fine and imprisonment.
All persons concerned in said publication, either as owner or manager, editor or publisher or engraver, are each liable for said publication. Actions for the violation of this section shall be tried in the county where such newspaper, handbill, poster, book, or serial publication or supplement is printed or has its publication office, or in the county where the person whose portrait or caricature is published, resides at the time of the alleged publication.