The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-09
THE FREEDOM OF THE PRESS

l. was a struggle for human liberty
and the sovereigns yielded. The final
stronghold of autocracy and intoler-
ance of lay opinion was the courts
but with the introduction of the jury
system and the spread of more lib
eral ideas among those in high author
ity, even the courts, too, yielded to
the progress of the world granting
freedom of thought and expression,
and the right of public opinion to
mold laws and institutions consecrated
to the liberties of the people.
The elimination of this upward
progression of freedom of speech and
press is found in the first amendment
to the constitution of the United
States: Congress shall make no law
abridging the freedom of speech
or of the press" The several states
have followed the federal government
and provided similar constitutional
provisions. The constitution of Ala
bama says: THAT every citizen may
freely speak, write and publish his
sentiments on all subjects, being re-
sponsible for the abuse of that lib
erty."
Judge Cooley, Fifth Edition Con-
stitutional Limitations, page 80, in
referring to the constitutional guaran-
tee surrounding the publication of
newspapers says very forcibly that:
They must be left at liberty to
speak with freedom which the
magnitude of the supposed wrongs
appeared in their minds to demand,
and if they exceed all the proper
bounds of moderation, the conso-
lation must be that the evil likely
to spring from the violent discus
sion will probably be less, and its
correction by public sentiment
more speedy, than if the terrors
of the law were brought to bear to
prevent the discussion.
In a recent attempt by the NUM-
cipal officials of Chicago to coeree
The Chicago Tribune, resulting in a
libel action against that newspaper,
the decision of TIE lower court was
rendered by the Honorable Harry M.
Fisher, judge of the circuit court of
Cook county, Illinois, whose decision
was affirmed by the supreme court
on appeal. Judge Fisher in his de-
cisi.Jn said: .L..
!, The press has become the eyes
| and ears of the world, and, to
great extent, its voice. -.
II &c tho fprco which mi rror- ,,,,b
lie sentiment But for it, the =
acts of public benefactors would
go unnoticed, imposters would con-
tinue undismayed, and public Of
flee would be the rich reward of
the INSCRIPTIONS demagogue. :.
1t is only natural that the render
ing of such service should result
in corresponding power; and power
without the abuse of it is unfOrtu-
| nately rarely found. The press is
| no exception. But, fortunate
ly, while the good the press is cap
able of rendering, if unafraid, is
without limit, the harm it can do
has its own limitations. 1t
cannot long indulge in falsehoods
without suffering the loss of that
confidence from which alone
comes its power, it's prestige and
it's reward. This action is
not in harmony with the genius
spirit and objects of our institu-
lions. 1t does not belong to our
day.
In the case of the Birmingham Post,
il is alleged that the publication of
certain facts in connection with a de-
PENDANT in Judge Heflin's court had
tendency to prevent the defendant
from getting fair trial. A news
paper is not responsible for the eff
feet the facts it may publish shall have
upon. the minds of jurymen. 1t is
presumed that jurymen are enlight-
ened and intelligent persons and that
knowledge of facts would not injure
or prejudice them. Indeed, it has
been the opinion of the layman that
a jury in full possession of facts and
other matters of common knowledge
would be better able to discharge its
duties faithfully.
| If newspaper may be hailed into
court for the publication of one set of
facts deemed prejudicial to a case on
trial, it may for the same reason be
hailed into court for the publication of
any facts relating to any case in pro-
gress, on the same allegation. That
would of course be in contravention
of the constitutional guarantee of
freedom of the press and of speech
The freedom of the press can be
abused; it can even be debased; but
III cannot be abridged. If constitu-
tional guarantees to preserve this
freedom can be denied; if there still
remain shadowy corners in which
! turks menace to this freedom, it is
to the wide public interest that there
are men willing even to sacrifice their
freedom to preserve it.