Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
It is not uncommonly imagined in France that the virulence of the press
originates in the uncertain social condition, in the political
excitement, and the general sense of consequent evil which prevail in
that country; and it is therefore supposed that as soon as society has
resumed a certain degree of composure the press will abandon its
present vehemence. I am inclined to think that the above causes explain
the reason of the extraordinary ascendency it has acquired over the
nation, but that they do not exercise much influence upon the tone of
its language. The periodical press appears to me to be actuated by
passions and propensities independent of the circumstances in which it
is placed, and the present position of America corroborates this
opinion.
America is perhaps, at this moment, the country of the whole world
which contains the fewest germs of revolution; but the press is not
less destructive in its principles than in France, and it displays the
same violence without the same reasons for indignation. In America, as
in France, it constitutes a singular power, so strangely composed of
mingled good and evil that it is at the same time indispensable to the
existence of freedom, and nearly incompatible with the maintenance of
public order. Its power is certainly much greater in France than in the
United States; though nothing is more rare in the latter country than
to hear of a prosecution having been instituted against it. The reason
of this is perfectly simple: the Americans, having once admitted the
doctrine of the sovereignty of the people, apply it with perfect
consistency. It was never their intention to found a permanent state of
things with elements which undergo daily modifications; and there is
consequently nothing criminal in an attack upon the existing laws,
provided it be not attended with a violent infraction of them. They are
moreover of opinion that courts of justice are unable to check the
abuses of the press; and that as the subtilty of human language
perpetually eludes the severity of judicial analysis, offences of this
nature are apt to escape the hand which attempts to apprehend them.
They hold that to act with efficacy upon the press it would be
necessary to find a tribunal, not only devoted to the existing order of
things, but capable of surmounting the influence of public opinion; a
tribunal which should conduct its proceedings without publicity, which
should pronounce its decrees without assigning its motives, and punish
the intentions even more than the language of an author. Whosoever
should have the power of creating and maintaining a tribunal of this
kind would waste his time in prosecuting the liberty of the press; for
he would be the supreme master of the whole community, and he would be
as free to rid himself of the authors as of their writings. In this
question, therefore, there is no medium between servitude and extreme
license; in order to enjoy the inestimable benefits which the liberty
Public-domain text, read in full here on John Shaqi.
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