Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-17
GUARANTEES OF A FREE PRESS.
Some of the Constitutional Provisions
Upon the Subject


In the framing OF the Constitution of the
United States there was no provision made
regarding the freedom of the press. The
General Convention seems to have left this
particular subject to the common under
standing and established opinion of the
people. The earliest recorded mention re-
garding the matter is credited to Charles
Pickney of South Carolina. 1t would seem
that he had prepared plan for Federal
Government, and when he laid it before
the Convention ON May 90 1887, it was
found to include the following provision /:
The Legislature of the United States shall
pass no law touching or abridging the lib
erty of the press" On August Goth of the
same year, in a serious of propositions
which he submitted to the Convention, was
included the declaration that The liberty
of the press shall be invielably preserved"
His efforts seem to have been without
avail, for neither of his propositions were
Incorporated III the Constitution. The only
thing the first Congress did was by way of
an amendment, in which it resolved that
" Congress shall make no law respecting an
establishment of religion or prohibiting a
free exercise thereof, or abridglng the free
dom of speech or of the press, or the right of
the people peaceably 10 assemble and to
petition to the Government for redress of
grievances"
So far then as the United States in its
Federal Constitution was concerned, this
is all that was done. Individual States,
however, made provision in their several
Constitutions regarding the abridgment of
the liberty of the press. 1t is interesting to
read them, and to observe how carefully
they have been preserved in all the SUISSE
quent constitutional notifications of the
all ~
ures incorporated in the Constitution of
the later States.
New Hampshire declares in her Consti-
tuition, framed 1884, Article XIII, that
The liberty Of the press is essential TO
freedom in State; it ought. therefore, to be
inviolably preserved" The Constitution
of 1892 embodied the same provision, and it
is still III force.
Massachusetts, in her Constitution of
1850, declares that " The liberty OF the press
is essential to the security of freedom in q
State; it is not, therefore, to be restrained
in this commonwealth" This declaration
of rights remains unaltered and in full
force to-day.
New York, in her first Constitution,
1777, declared that "Such parts of the
common law of England, with the statutes
adopted, and the Acts OF their own Legisla-
ture, as together did form the law of the
colony in 1875, shall continue, subject to
the sheraton of the legislature 1t was
evident from this that the trainers regarded
the freedom of the press as fully established
by the common law. The Constitution of
1921, Article VII, reads as follows: Ev-
cry citizen may freely write, speak and pub
lish his sentiments on all subjects, being
responsible for the abuse of that right, and
no law shall be passed to restrain the lib
erty of speech or of the press. In all pros
ecutions or indictments for libels, the truth
may be given in evidence to the jury; and
if it shall appear to the jury that the mat
ter charged as libelous is true, and was
published with good motives and for justi-
fable ends. the party shall be acquitted,
and the jury shall have the right 10 deter
mine the law and the fact" This remains
as part of the Constitution of New York
to-day.
Pennsylvania, in 1890, incorporated in
her second Constitution the following Ian
guage Article TX, Section = That the
printing press shall be free to every one
who undertakes to examine the proceed
ings of the Legislature or of any branch of
the Government, and no law shall ever be
made 10 restrain the right thereof. The
free communication of thoughts and opin-
ions is one of the invaluable rights of man,
and every citizen may freely write and
print on any subject, being responsible for
the abuse of that liberty. In the prosecu-
tons for publications of papers investigat-
ing the official conduct of officers or men
of public capacity, or where the matter
publ he'd is proper for public information,
the truth thereof may be given in evil
dence; and in all indictments for libels, the
jury shall have the right to determine the
law and the facts. under the direction of
the Courts, as in other cases"