LIBERTY OF THE PRESS. The right to print and publish the truth, from good Mo tives and for justifiable ends. People v. Croswell, 3 Johns. Cas. (N. Y.) 394.
The right in the publisher of a newspaper to print whatever he chooses without any previous license, but subject to be held re sponsible therefor to exactly the same extent that any one else would be responsible. Sweeney v. Baker, 13 W. Va. 182, 31 Am. Rep. 757.
The right to print without any previous license, subject to the consequences of the law. 3 Term 431.
The right to publish in the first instance as the publisher pleases, and without con trol ; but for proceeding to unwarrantable lengths he is answerable both to the 'coin= munity and to the individual. Respublica v. Dennie, 4 Yeates (Pa.) 267, 2 Am. Dec. 402. Liberty of the press means not only liberty to publish, but complete immunity from legal censure and punishment for the publication, so long as it is not harmful in its character, when tested by such standards as the law affords ; Cooley, Const. Lim. [422]. See Story, Const. §§ 1870, 1888, 1891. It is said to consist in this "that neither courts of justice nor any judges whatever are author ized to take notice of writings intended for the press, but are confined to those which are actually printed." De Lome, Const. 254.
At common law liberty of the press was neither well protected nor well defined, and not until after many struggles was it so far recognized in England as to permit the publication of current news with out the permission of government censors. May, Const. Hist. c. 7, 9, 19. The general publication of parliamentary ,debates dates only from the Ameri can revolution, and even then was considered a technical breach of privilege; Cooley, Const. Lim. [418]. A fair publication of a debate is no* held'to be privileged, and comments on public legislative proceedings are not actionable, so long as 'a jury shall think them honest and made in a fair spirit, and such as are justified by the circumstances; L. R. 4 Q. B. 73.
In the colonial period the English practice was followed in this country. In 1649 the general laws were published for the first time in Massachusetts under protest by the magistrates, and in Virginia and New York printing was specially prohibited. The constitutional convention of .1787 eat with closed doors, as did the senate until 1793. By the constitu tion liberty of the press is secured against restraint in the United States, but he who uses it is respon sible for its abuse. Like the right to keep firearms,
it will not protect the user from annoyance and destruction caused by him ; Corn. v. Blanding, 3 Pick. (Mass.) 313, 15 Am. Dec. 214. The Sedition Act, July 14, 1798, attempted a restriction upon the freedom of the press, but' by its terms it was self limited ; its constitutionality was always doubted by a large party, and its impolicy was beyond ques tion. See Whart. St. Tr. 333, 659, 688 ; 2 Rand. Life of Jefferson 417 ; 5 Hildr. Hist. U. S. 247; Ord. Dona. Leg.
Liberty of the press is allowed in publish ing (1) naked and impartial statements of judicial proceedings involving a trial and not a mere ex pale examination ; -and when the nature of the case does not render it im proper that the same should be published, or constitute such a publication an offence at law ; Stanley v. Webb, 4 Sandf. (N. Y.) 21; Huff v. Bennett, 4 Sandf. (N. Y.) 120; Cin cinnati Gazette Co. v. Timberlake, 10 Ohio St. 548, 78 Am. Dec. 285; King v. Root, 4 Wend. (N. Y.) 138, 21 Am. Dec. 102; (2) in publishing news ; Ord. Const. Leg. 239. Acts which have been held not in conflict with the constitutional guaranty of liberty of the press are :-An act making the publi cation of a grossly false and inaccurate re port of the proceedings of any court a crimi nal offence and a contempt ; State v. Faulds, 17 Mont. 140, 42 Pac. 285; an act taxing the selling of Sunday papers; Thompson v. State, 17 Tex. App. 253; an act forbidding use of the mails for obscene matter ; U. S. v. Harmon, 45 Fed. 414; or for printed matter deemed by the government to be injurious to the people; In re Rapier, 143 U. S. 110, 12 Sup. Ct. 374, 36 L. Ed. 93 ; Ex parte Jackson, 96 U. S. 727, 24 L. Ed. 877 ; or for sending threatening letters; State v. Mc Cabe, 135 Mo. 450, 37 S. W. 123, 34 L. It. A. 127, 58,Am. St. Rep. 589 (see Lim.) ; an act forbidding the publication and sale of a newspaper devoted to the publication of scandal and immorality ; State v. Van Wye, 136 Mo. 227, 37 S. W. 938, 58 Am. St. Rep. 627; an act directed against blasphemy ; Com. v. Kneeland, 20 Pick. (Mass.) 206; and a by-law of the Associated Press of New York, prohibiting a member from receiving or publishing the regular news despatches of any other news organization covering a like territory ; Matthews v. Associated Press, 136 N. Y. 333, 32 N. E. 981, 32 Am. St. Rep. 741.