American Eloquence, Volume 1: Studies In American Political History (1896)
History
American Eloquence, Volume 1: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
But, sir, I have ever believed this question as settled by an amendment
to the Constitution, proposed with others for declaring and restricting
its powers, as the preamble declares, at the request of several of the
States, made at the adoption of the Constitution, in order to prevent
their misconstruction and abuse. This amendment is in the following
words: "Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof, or abridging the
freedom of speech or of the press, or the right of the people peaceably
to assemble and petition the Government for a redress of grievances."
There can be no doubt about the effect of this amendment, unless the
"freedom of the press" means something very different from what it
seems; or unless there was some actual restraint upon it, under the
Constitution of the United States, at the time of the adoption of this
amendment, commensurate with that imposed by this law. Both are
asserted, viz., that the "freedom of the press" has a defined, limited
meaning, and that the restraints of the common law were in force under
the United States, and are greater than those of the act of Congress,
and that, therefore, either way the "freedom of the press" is not
abridged.
It is asserted by the select committee, and by everybody who has gone
before them in this discussion, that the "freedom of the press,"
according to the universally received acceptation of the expression,
means only an exemption from all previous restraints on publication, but
not an exemption from any punishment Government pleases to inflict for
what is published. This definition does not at all distinguish between
publications of different sorts, but leaves all to the regulation of the
law, only forbidding Government to interfere until the publication is
really made. The definition, if true, so reduces the effect of the
amendment that the power of Congress is left unlimited over the
productions of the press, and they are merely deprived of one mode of
restraint.
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