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...Freedom of the Press and Speech
James Wilson
...what is meant by the liberty of the press is, that
there should be no antecedent restraint upon it; but that
every author is responsible when he attacks the security or
welfare of the government, or the safety, character and property
of the individual.
With regard to attacks upon the public, the mode of proceeding
is by a prosecution...
Reply to William Findley
December 1, 1787
Samuel Bryan
The state of society must be very corrupt and base
indeed, when the people in possession of such a monitor as
the press, can be induced to exchange the heavenborn blessings
of liberty for the galling chains of despotism. - Men of an
aspiring and tyrannical disposition, sensible of this truth,
have ever been inimical to the press, and have considered
the shackling of it, as the first step towards the accomplishment
of their hateful domination, and the entire suppression of
all liberty of public discussion, as necessary to its support.
“Centinel” II
Reply to James Wilson's Speech
Freeman's Journal (Philadelphia),
October 24, 1787
John Adams
...the jaws of power are always opened to devour, and
her arm is always stretched out, if possible, to destroy the
freedom of thinking, speaking and writing. And if the public
interest, liberty, and happiness have been in danger from
the ambition or avarice of any great man, whatever may be
his politeness, address, learning, ingenuity, and, in other
respects, integrity and humanity, you have done yourselves
honor and your country service by publishing and pointing
out that avarice and ambition. These vices are so much the
more dangerous and pernicious for the virtues with which they
may be accompanied in the same character, and with so much
the more jealously to be guarded against.
“A Dissertation on the Canon and Feudal
Law”
That the people have a right to freedom of speech, of writing
and publishing their sentiments, and therefore that the freedom
of the press ought not to be restrained, and the printing
presses ought to be free to examine the proceedings of government,
and the conduct of its officers.
Resolutions of the State of Maryland
April 28, 1788.
Noah Webster
Well, what is this liberty of the Press? Is it an
unlimited license to publish any thing and every thing with
impunity?...Would not that indefinite expression, the liberty
of the Press, extend to the justification of every possible
publication?...I shudder at the thought!
“America”,
Reply to the Pennsylvania Minority
Daily Advertiser (New York),
December 31, 1787
Hugh Williamson
We have been told that the Liberty of the Press is
not secured by the New Constitution. Be pleased to examine
the plan, and you will find that the Liberty of the Press
and the laws of Mahomet are equally affected by it...Certainly
the new Government can have no power to impose restraints.
The citizens of the United States have no more occasion for
a second Declaration of Rights, than they have for a section
in favor of the press. Their rights, in the several States,
have long since been explained and secured by particular declarations,
which make a part of their several Constitutions. It is granted,
and perfectly understood, that under the Government of the
Assemblies of the States, and under the Government of the
Congress, every right is reserved to the individual, which
he has not expressly delegated to this, or that Legislature.
Speech at Edenton, North Carolina
November 8, 1787
Printed in the Daily Advertiser, New York,
February 25, 26, 27, 1788
John Adams
Be not intimidated, therefore, by any terrors, from
publishing with the utmost freedom, whatever can be warranted
by the laws of your country; nor suffer yourselves to be wheedled
out of your liberty by any pretences of politeness, delicacy,
or decency. These, as they are often used, are but three different
names for hypocrisy, chicanery, and cowardice.
“A Dissertation on the Canon and Feudal
Law”
George Bryan
Should the freedom on the press be restrained on the
subject of politics, there is no doubt it will soon after be
restrained on all other subjects, religious as well as civil.
“An Old Whig” I
Independent Gazetteer (Philadelphia),
October 12, 1787
That the people have a right to the freedom of speech,
of writing and publishing their sentiments, therefore, the freedom
of the press shall not be restrained by any law of the United
States.
Dissent of the Minority of the Pennsylvania
Convention
Pennsylvania Packet (Philadelphia),
December 18, 1787
James Wilson
For instance, the liberty of the press, which has
been a copious source of declamation and opposition, what
contoul can proceed from the fœderal government to shackle
or destroy that sacred palladium of national freedom?...the
proposed system possesses no influence whatever upon the press,
and it would have been merely nugatory to have introduced
a formal declaration upon the subject – nay, that vary
declaration might have been construed to imply that some degree
of power was given, since we undertook to define its extent.
Speech given in Philadelphia,
October 6, 1787
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Samuel Bryan
...As long as the liberty of the press continues unviolated,
and the people have the right of expressing and publishing their
sentiments upon every public measure, it is next to impossible
to enslave a free nation.
“Centinel”
II
Reply to James Wilson's Speech
Freeman's Journal (Philadelphia),
October 24, 1787
Arthur Lee
If there should ever be an influential president,
or arbitrary senate, who do not choose that their transactions
with foreign powers should be discussed or examined in the
public prints, they will easily find pretexts to prevail upon
the other branch to concur with them, in restraining what
it may please them to call - the licentiousness of the press.
And this may be, even without the concurrence of the representative
of the people; because the president and senate are empowered
to make treaties, and these treaties are declared the supreme
law of the land.
“Cincinnatus” I
Reply to James Wilson's Speech
New York Journal,
November 1, 1787
George Bryan
Even the press which has so long been employed in
the cause of liberty, and to which perhaps the greatest part
of the liberty which exists in the world is owing at this
moment; the press may possibly be restrained of its freedom,
and our children may possibly not be suffered to enjoy the
most invaluable blessing of a free communication of each others
sentiments on political subjects.
“An Old Whig” I
Independent Gazetteer (Philadelphia),
October 12, 1787
Noah Webster
But if you attempt to define the liberty of the Press,
and ascertain what cases shall fall within that privilege,
during the course of the centuries, where will you begin?
Or rather, where will you end?...Some publications certainly
may be a breach of civil law...and unless you can define precisely
the cases, which are, and are not a breach of law, you have
no right to say, the liberty of the Press shall not be restrained;
for such a license would warrant any breach of law. Rather
than hazard such an abuse of privilege, is it not better to
leave the right altogether with your rulers and your posterity?
“America”,
Reply to the Pennsylvania Minority
Daily Advertiser (New York),
December 31, 1787
Samuel Bryan
Attempts to prevent discussion by shackling the press
ought ever to be a signal of alarm to freemen, and considered
as an annunciation of meditated tyranny; this is a truth that
the uniform experience of mankind has established beyond the
possibility of doubt.
“Centinel” XII
Independent Gazetteer (Philadelphia),
January 23, 1788
Simeon Baldwin
Our language is a channel of more information than
any other language on earth. The press is uncontrouled, and
a free toleration of sentiments distinguishes the happy government
of these States.
New Haven Connecticut
July 4, 1788
John Adams
Care has been taken that the art of printing should
be encouraged, and that it should be easy and cheap and safe
for any person to communicate his thoughts to the public.
“A Dissertation on the Canon and Feudal
Law”
Arthur Lee
...if the president, vice-president, or any office,
or favorite of state, should be censured in print, he might
effectually deprive the printer, or author, of his trial by
jury, and subject him to something, that will probably very
much resemble the — Star Chamber of former times. The
freedom of the press, the sacred palladium of public liberty,
would be pulled down;—all useful knowledge on the conduct
of government would be withheld from the people—the
press would become subservient to the purposes of bad and
arbitrary rulers, and imposition, not information, would be
its object.
“Cincinnatus” I
Reply to James Wilson's Speech
New York Journal,
November 1, 1787
Noah Webster
No attempts have ever been made by a Legislative body
in America, to abridge that privilege; and in this free enlightened
country, no attempts could succeed, unless the public should
be convinced that an abuse of it would warrant the restriction.
Should his ever be the case, you have no right to say, that
a future Legislature, or that posterity shall not abridge
the privilege, or punish its abuses. The very attempt to establish
a permanent, unalterable Constitution, is an act of consummate
arrogance. It is a presumption that we have all possible wisdom—that
we can foresee all possible circumstances—and judge
for future generations, better than they can for themselves.
“America”,
Reply to the Pennsylvania Minority
Daily Advertiser (New York),
December 31, 1787
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