G.R. No.

1051
THE UNITED STATES vs. FRED L. DORR, ET AL.

FACTS:

The defendants have been convicted upon a complaint charging them with the
offense of writing, publishing, and circulating a scurrilous libel against the Government
of the United States and the Insular Government of the Philippine Islands. The
complaint is based upon section 8 of Act No. 292 of the Commission

The alleged libel was published as an editorial in the issue of the "Manila
Freedom" of April 6, 1902, under the caption "A few hard facts."

ISSUE:

Whether the publication constitutes an offense under section 8 of Act No. 292.

HELD:

No. In the publication of the article, there is no seditious tendency being

apparent, thus, constitutes no offense under Act No. 292, section 8.

The article in question is described in the complaint as "a scurrilous libel against
the Government of the United States and the Insular Government of the Philippine
Islands, which tends to obstruct the lawful officers of the United States and the Insular
Government of the Philippine Islands in the execution of their offices, and which tends
to instigate others to cabal and meet together for unlawful purposes, and which
suggests and incites rebellious conspiracies, and which tends to stir up the people
against the lawful authorities, and which disturbs the safety and order of the
Government of the United States and the Insular Government of the Philippine Islands."

To the Court, the article in question has no appreciable tendency to "disturb or

obstruct any lawful officer in executing his office," or to "instigate" any person or class
of persons "to cabal or meet together for unlawful purposes," or to "suggest or incite
rebellious conspiracies or riots," or to "stir up the people against the lawful authorities
or to disturb the peace of the community, the safety and order of the Government."

There can be no conviction, therefore, for any of the offenses described in the
section on which the complaint is based.