Freedom of the Press

law, free and printing

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ID the American colonies the attempt was made to introduce the British system of a rigid censor ship. and among the instructions to the colonial Go4rnors was that they were to provide by all necessary orders that no person keep any press for printing, and that no hook, pamphlet. or other matter be printed without their special leave and license first obtained. There were numerous in stances of the public burning of books and the punishment of printers. (See BRADFORD, WIL LIAM; ZENCER. PETER.) After the overthrow of British authority in the colonies the principle of the freedom of the press was incorporated in the first State Constitutions, and has been continued in all succeeding ones and without exception. The following is a common provision of the State Con stitutions on the subject: "The printing press shall be free to every one who undertakes to ex amine the proceedings of the Legislature or any branch of the Government, and no law shall ever he made to restrain the right thereof. The free communication of thoughts and opinions is one of the inviolable rights of man, and every citizen may freely write and print on any subject, being responsible for the abuse of that liberty." It is

usually further provided that in prosecutions for libel the truth may be given in evidence, that the motive shall be taken into consideration, and that the jury shall determine both the law and the facts. The great freedom with which the newspapers criticise and often ridicule public officials, especially by means of cartoons and pic tures. has sometimes led to something of a reac tion in favor of more stringent libel laws. As an example of this may be mentioned the strin gent law passed in Pennsylvania in 1903. The Constitution of the United States prohibits Con gress from passing any law abridging the free dom of the press. Notwithstanding this pro vision, Congress in 179S passed an act for the punishment of persons convicted of printing mat ter calculated to bring the Government into dis repute. It was in force two years and there were a number of notable prosecutions under the law. See ALIEN AND SEDITION LAWS.

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