PRESS, FREEDOM OF THE. The immunity of the printing press from responsibility to the Government for the character of the matter which it publishes except in the case of matter deemed libelous. (See LIBEL.) in the early history of the printing press no such immunity was recognized, and it became an established rule that a free press was wholly incompatible with an absolute aovernmemit. The censorship of the press in the attitude of the Roman Catholic Church, which in 1515 formally decreed through the Council of the Lateran that no pub lication should be issued from any place over which the Church had jurisdiction without the written sanction of the Bishop or of the Inquisitor of the diocese. The institution of the censorship gradually became a feature of the policy of the civil authorities in the various States of Conti nental Europe, from some of which it has not yet disappeared. At present no censorship exists in France, Switzerland, Sweden, `-lpa in, Italy, Norway, the Netherlands, Belgium,Denmark, and Germany, but the press laws are very rigid in some of these, sueli as Spain. France, and Germany, and their governments claim and exercite the right to sup press in a summary manner journals deemed obnoxious to the public peace and security. The Constitution of France contains no guarantee in behalf of freedom of the press. That of Switzer land does, but authorizes the Cantonal govern ments to enact laws to prevent the abuse of the same and empowers the Federal Government to punish similar abuses when directed against its authority or that of its officers. The Constitution of Prussia secures to every person the right to express his opinion freely by word, writing, print, or pictorial representation. and prohibits the es tablishment of a censorship, hut in the same article empowers the Legislature to place restric tions upon the press and to enact laws for the punishment of abuses of the liberty of printing. The laws enacted in pursuance of this provision are very severe and place substantial limitations upon the freedom of the press. In Russia the censorship in an arbitrary form still exists. There newspaper publishers are required to obtain per mission to print and then lodge with the Govern ment a considerable sum as caution money. Those who are unable to comply with the latter re quirement are required to send their articles to a censor three days previous to publication.
In England, after a long struggle, almost com plete liberty of press now prevails. From the time of the Reformation until the Commonwealth the English press was subject to a censorship un der the direction of the Crown. During the period of the Civil War and the Commonwealth it was practically free from molestation. but upon the restoration of the Stuarts the old restrictions were revived. In 1694 the censorship of the press was discontinued. During the reign of Anne severe acts were passed against printers and some of the most distinguished men of letters of England, including Steele and De Foe, were punished for violating these laws. At the same time numerous tracts, hooks, and newspapers were burned by the common hangman. The censorship, however, was not revived. With a view to the repression of the obnoxious Whig press, tile Tory Government imposed on printers a stamp duty which in the reign of George III. was increased to fourpenee on every papel Likewise taxes on advertise ments were imposed. But these measures proved ineffective. and were finally repealed toward the middle of the nineteenth century. One of the most prolonged struggles in behalf of the freedom of the press in England was in relation to the publication of Parliamentary debates. Until 1729 newspaper reports of Parliamentary pro ceedings were unknown. About that time frag mentary reports began to appear in the news papers, whereupon the Commons resolved that it was a breach of privilege, as it tended to make members answerable to their constituencies, and this is the theory to-day. For breach of this privilege many printers were prosecuted and fined, in the year 1764 no less than 200 informa tions being filed in behalf of the Crown. (See WILKEs, Join.) The real liberty of the English press dates from the passage of the Fox Libel Aet of 1792, which enacted that the decision in libel suits belonged to the jury and not to the judge. This reversed the view which the courts had acted on for many years. At present the only restriction upon the press, except in case of libelous matter, is the common-law rule that the publication of anything against the Constitution of the country or the established system of gov ernment is an indictable offense.