Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-10-22
THE FREEDOM OF THE PRESS.

When the constitution of the United States was
made to contain guarantee of the freedom of the
press, there specific for inserting that
section. 1t is neither accident nor mere sur
plusage. 1t put there to stop concrete evil,
which the fathers of the constitution felt would
imperil the life of the government, IL INDUCED
in this country it had been in England. In view
of the fact that the common law of England was
to be the law in America. in the absence of written
provisions to the contrary, explicit pains taken
to make it clear that we were not inheriting Eng
lands then view on the freedom of the press
In the monarchies of that and the immediate
preceding period. newspapers floursheG only under
the smile of monarchial approval. Repression or
imprisonment followed criticisms OF the powers
that Almost anything in the line of criticism
was held TO be libelous. Fear and force were the
implements OF those wishing to remain ndisturbed
in the possession of unjust power special
privilege.
Our forefathers saw that silence concerning the
evils of government permitted those evils to flour
ish. They knew that publicity was the greatest
preventative or cure of wrong-dolng Therefore.
in all seriousness they inserted this guarantee in
the new constitution. 1t has proven the instrument
for bloodless and lawful revolution in the admin
istraton of government whenever that government
has become corrupt. public opinion created or
crystazed by the freest and frankest public dis
cussion, has proven to be the ruling force in
America.
Under this provision Of the constitution 1t has
been impossible for legislatures to pass laws cur
failing the freedom Of the press. So explicit is
the provision that no such law would be permitted
to stand as constitutional Only this restraint of
the constitution has protected the press. Men are
very human. To repress ones enemy, those in
terfering with ones plans, is tendency of frail
humanity. Legislatures elected by corrupt ma
chimes frequently would have passed such laws to
inhibit newspapers making irritating exposures of
bad methods but this talsman of constitutional
freedom has stood in their way. The few attempts
made have failed.
The only real danger to the freedom Of the
press which remained and is the danger OF
judicial legislation. A corrupt, plant unlearned
Judge may put such an Interpretation upon the I'M
herted with the rest of the common law. that the
construction given to that law lis equivalent to a
legislative act
1t is extremely doubtful in view of the consti-
tutional guarantee, whether the founders of our
government intended that should inherit any
of the libel laws of England. However, courts
have held that law to be in force in 80 far as bels
of private character concerned. In most states
the legislature has defined by statute what con-
stitutes libel. Such laws must be strictly con-
strued. too liberal construction can easily make
them an infringement of the constitutional guar
antee and menace to the people.
when all is said. the judicial arm of the govern
inent is the real bulwark of our liberties The
laws. Executives may be lax Or corrupt in admin