The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Here again remember, when you are thinking of what you owe to your
country, that this declaration of the Constitution was the first in all
the history of the world by which a Nation guaranteed to all the people
the right freely to express their thoughts in words or in writing. This
was the first time the chains were taken from the human intellect. No one
will ever be able to number the men and women who, throughout the history
of the world, were condemned to death, because they dared to express their
sentiments. If Patrick Henry had delivered his famous speech in which he
said, “Give me liberty, or give me death”, in England rather than America,
he would have been promptly punished. Hundreds of the colonists would have
been hanged by the British government if they had expressed themselves in
the mother country instead of in the new world. Kings to hold their power
in the old world, to keep the people so terrorized that they would submit
to their will, made the practice of hanging or beheading those who freely
spoke their sentiments against the government.(55)
Of course under the old laws those who expressed their religious
convictions in opposition to the state church by speech or writing were
usually promptly imprisoned, hanged, or burned.
Now do not have any misunderstanding about this guaranty of freedom of
speech and of the press. We often hear complaints of certain people about
certain laws punishing those who abuse the privilege of free speech; but
there is no law of State or Nation which prohibits the speaking or writing
of anything in this country. Men may speak and write what they will; but
there are some laws punishing those who abuse this great privilege to the
injury of another person, or to the injury of the Nation. Of course no one
would feel that it was right to allow another to write libelous articles
about your neighbors. You would not feel that it would be right to permit
some vile person to write false and vicious articles about your mother or
your father; and yet any one may do so. They cannot be prohibited or
enjoined from doing so, but they may be punished after doing so, after
they have been tried in a court and found guilty of libel by a jury of
their fellowmen.(56)
So if one writes a threatening letter to your father, telling him that he
will kidnap his child unless he pays ten thousand dollars by a certain
time, such person is exercising his constitutional right to freedom of
expression, but no one would think that it was right to permit him thus to
abuse his constitutional right without being punished for it; and
consequently such person may be arrested and tried, and if found guilty,
punished.
Public-domain text, read in full here on John Shaqi.
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