There is a material difference, in all the constitutions which have been framed for France, and for other countries on the model of France, between the abstract constitutional principle, such as liberty of the press, individual liberty, &c., and its application as modified by the various codes of laws, which are chiefly those of Napoleon. However, the press is cer tainly more free in France than it was under Napoleon or the old monarchy, but it is still far from having attained the wide uncontrolled freedom of the press in England, which may be truly said to be the freest in the world. The surest method of convincing oneself of this would be to pick out two or three of the more ultra-liberal English or Irish papers and examine them according to the exist ing laws in France, which constitute what is called the Code de In Presse,' noticing how often they would be found to have offended against the provisions of that code, and what penalties they would have incurred for each offence. The penalties in the French code of the press are very severe.
The absolute monarchies of Europe, Russia, Austria, Prussia, and the Italian States, retain the obligatory previous cen sorship of the press, which is derived from the very principle of their govern ment, that of parental authority over their subjects. In some of the Italian States there is a double censorship; one by an ecclesiastical and the other by a political censor. But even then it happens some times that after a work has passed the cen sorship and obtained the "imprimatur," something obnoxious is discovered which had escaped the censor's penetration, and the book is seized and confiscated.
In the republics of Switzerland, the censorship existed before the organic changes which have taken place in most of the cantons since 1830. All previous censorship is now abolished, but the laws in some of the cantons are very restrictive of the liberty of the press, and especially of the newspaper press, on matters of religion. Generally speaking the press is freest in the Protestant cantons.
By the last Spanish constitution, of 1837, art. 11, "All Spaniards may print and publish their thoughts freely, without previous censorship, but subject to the laws. The determination of offences by means of the press belongs exclusively to juries empanelled for that purpose." The constitution of Portugal establishes no previous censorship, but refers to the laws for repressing the abuses of the press.
By the constitution of the kingdom of Greece of 1827, "the Helleues have the right of publishing freely their thoughts by means of the press, abstaining however —1, from attacking theprinciples of the Christian religion ; 2, offending decency and morality ; 3, indulging iu personal insult and calumny."
The Swedish constitution of 1809, pro mulgated under King Charles XIII., enacts that the states of the kingdom in every new Diet shall appoint a committee of six members, well informed persons, among whom must be two jurists, for the purpose of maintaining the liberty of the press. The committee will examine all MSS. which shall be laid before it by any author or bookseller, and if the com mittee declares that the work is fit to be printed, the author and publisher are thenceforth discharged from all further responsibility. The Chancellor of Justice of the State is by right President of the Committee. But this is a voluntary and not an obligatory previous censorship. rly a former resolution of the Diet of 1788, books of controversy which attack the established religion (the Lutheran or Augsburg Confession) or support the tenets of other communions, are excluded from the liberty of the press. Persons guilty of libel and other offences by means of the press are tried by a jury. By a law enacted by the Diet in 1812, a newspaper which insults or defames a foreign government friendly to Sweden, is liable to be suppressed by order of the chancellor, without any other formality. This has occurred repeatedly, but then the paper appears again the next day under a slightly altered title ; for instance, the Argus is suppressed, but is continued under the title of Argus II. or Argus III.
The constitution of Norway proclaimed in the Storthiug of Eidswold, November, 1814, enacts that no one shall be pro secuted for his printed writings, unless he wilfully and evidently manifests or en courages others to manifest disobedience to the laws, contempt for religion, mo rality, or the constitutional powers, or resistance to the constitutional authorities, or is guilty of defamation and libel against any one, in which case he shall be fined by the tribunals.
The constitution of the Netherlands of 1815, which is still in force in the king dom of Holland, says, art. 227, " The press being the fittest means to spread know ledge, every one has a right to make use of it to communicate his thoughts, without needing previous permission. But all authors, printers, editors, or publishers, are answerable for those writings which attack the rights either of society or of individuals." By art. 18 of the constitution of Bel gium the press is declared to be free ; no censorship can ever be established. Au thors, editors, and printers are not re quired to give security. Offences com mitted through the press are tried by the ordinary courts.