The magazine of history with notes and queries, Vol. II, No. 6, December 1905Various
History
The magazine of history with notes and queries, Vol. II, No. 6, December 1905
Various
History -- Periodicals; United States -- History -- Periodicals
In England that doctrine continued in force until the passage of Mr.
Fox’s Libel Bill in 1792. But fifty-eight years earlier the Zenger case
(in 1734) had established in principle the freedom of the press in the
colonies, by settling the right of juries to find a general verdict in
libel cases. We have said “in principle,” for this right, which the
colonists soon grew to consider as a part of their common law, was yet
in practice more or less nullified in the different colonies according
as the Governor was able to impose his will on the courts or was
opposed by an intelligent public opinion.
In other words, liberty of the press did not and could not exist in
the colonial period, but the people accepted the principle and when
they obtained the opportunity incorporated it in Bills of Rights and
State Constitutions. The Continental Congress in issuing, on Oct. 21st,
1774, an “Address to the people of Canada” proceeded to detail and
enlarge upon the rights to which English subjects were entitled, and
among them placed the freedom of the press.[3]
We see the same point made by State after State.
Maryland, 1776: “That the liberty of the press ought to be inviolably
preserved.”
Virginia, 1776: “That the freedom of the press is one of the great
bulwarks of liberty, and can never be restrained but by despotic
governments.”
Pennsylvania, 1776: “That the people have a right to freedom of speech,
and of writing, and of publishing their sentiments; therefore the
freedom of the press ought not to be restrained.”
Georgia, 1777: “Freedom of the press and trial by jury to remain
inviolable forever.”
Vermont, 1777: “That the public have the right to freedom of speech and
of writing and publishing their sentiments; therefore the freedom of
the press ought not to be restrained.”
South Carolina, 1778: “That the liberty of the press be inviolably
preserved.”
Massachusetts, 1780: “The liberty of the press is essential to the
security of freedom in a state; and ought not, therefore, to be
restrained in this commonwealth.”
New Hampshire, 1784: “The liberty of the press is essential to the
security of freedom in a state; and it ought, therefore, to be
inviolably preserved.”
Pinckney’s Plan of 1787: “The Legislature of the United States shall
pass no law touching or abridging the liberty of the press.”
Delaware, 1792: “The press shall be free to every citizen who
undertakes to examine the official conduct of men acting in a public
capacity, and any citizen may print on any subject, being responsible
for the abuse of that liberty. In prosecutions for publications
investigating the proceedings of officers, or where the matter
published is proper for public information, the truth thereof may be
given in evidence; and in all indictments for libels, the jury may
determine the facts and the law, as in other cases.”
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