Evening star., 1941-10-05
Freedom Of Speech
ond Press
By Frederic J. HGSkin.

pOTtdDJ lJeflS. lHey nave ldleQ W OO~
serve the some 200 newspapermen, in
cluding Germans and Italians, who at
tend President Roosevelt's press confer
ences and then give to the world. with
out the slightest restraint their own m
terpretation of what the President re-
ports or says. They also have failed TO
take into consideration that after two
years of devastating war the soapboX
orators still are free to air their views in
Londons Hyde Park.
Freedom OF debate In the r5ns =
Congress of the United States, and in
Englands Parliament goes on unre-
stricted. And in both countries too.
members of both national law-making
bodies, as well as others, are free 10
speak in any place and on any subjecs
of their choosing.
This does not mean that free speecn
is not often challenged, for it is chal-
lenged, not only in England but in the
United States. 1t has been this chal-
lenge, however. that has kept the sub
jecC of free speech of increasing
interest in both countries. 1t is this,
too, probably more than any other fac
tor, that has helped to preserve free
speech and freedom of the press. For
each time an attempt is made 10 abridge
freedom of speech. the privilege comes
out of the ordeal with added glory
and more supporters Thus its op-
ponents, probably TO greater extent
than its friends, help keep the torch of
free speech high. and its fame brighter.
How free speech has taken on an ever
widening aspect in the United States -
only one of the interesting phases Of the
subject When the trainers of the Con-
stitution made the original draft, it
! probably never occurred to that historic
| body 10 make a provision for free speech.
| The fact that the provision is contained
/ in the first amendment to the Constltu-
/ ton would indicate that the omission
/ was either an oversight or that it was
not thought necessary. The Constitu-
| ton was adopted September II 1887. and
! it was between that time and September
25 1888. when Congress assembled in
| New York for its first session. that the
first ten amendments often referred to
as the Bill of Rights, were proposed by
various persons.
1t is not known who proposed the first
amendment which reads: The Con-
gress shall make no law respecting an
establishment of religion. or prohibiting
the free exercise thereof or abridging
the freedom Of speech, or Of the press;
or the right of the people peaceably TO
assemble, and to petition the Govern
ment for redress Of grievances"
But while the provision for free speech
and a free press came after the original
portion of the Constitution was adopted,
an incident occurred long before then
that evidently led to the historic docu-
ments first amendment. 1t involves the
famous case CT John Peter Zenger an
immigrant from Germany who arrived
! in this country shortly before 17l0, and
who became a naturalized citizen in
Kent County, Nd. in 1920.
Zenger learned the printing trade in
New York under William Bradford, pub
Usher Of the New York Gazette, then
| moved to Ches estertown. Md, where he
became printer for Kent and several
nearby counties. His residence in Mary
land was of short duration, for in 1923
he was living in New York again and in
that year was made a freeman Of the
city. About this time Zenger went into
business for himself, and in November,
1873, started the New York Weekly Jour-
nal by request of certain citizens as a
counterbalance TO Bradford paper
which supported Colonial Gov. Cosby
and his policies.
At that time a feud was raging be-
tween Lewis Morris, Chief Justice of the
Supreme Court of New York. and Gov.
Cosby over a decision rendered by Morris
in which Cosby did not concur. Because
Of this Cosby was opposing Morris for
election to the WeStCheSter Assembly,
and Zenger wrote truthfully and COM
| pletely of the issues involved in the dis
pute. Gov. Cosby had Zenger committed
to prison for printing and publishing
several seditious libels' Andrew Ham,
ilton, an eminent attorney of Phila-
delphia. represented the accused. and in
sisted that the jury should be judge OF
the law we'll as the facts. and if
Zenger had told the truth in his writ
ings he should be found not guilty.
Such was the verdict, probably bringing
to the fore for the first time not only
freedom of the press, which had not
then been legally enunciated in this
country, but establishing truth in the
news as a time -honored slogan in the
field of journalism.
Not only did the Zenger incident con-
tribute to the adoption of the Consti-
tutions first amendment, but the pas
sionate plea of zenger's attorney that
men should have "the liberty of both
exposing and opposing arbitrary power
| lighted the torch for free speech and a
free press which vigilance has kept burn
ing as part of this country's democracy,
1t is the torch of light that once burned
brightly in many other lands, but has
been snuffed out by dictators.
But the liberty to speak freely is not
license to abuse, and because few
people in this country and in England
sometimes employ such license, the .H-s
goes up that restriction should be
placed on speech, especially during war;
countries providing a penalty for any
one who agitates the overthrow of estab-
lished authority by unlawful speech,
writing or by actual violence. Then, too,
there are libel laws by which an indi-
vidual may have redress in the courts