Freedom of the press

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April 10, 2026

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April 10, 2026

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"The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity. To subject the press to the restrictive power of a licenser as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government. But to punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty. Thus the will of individuals is still left free; the abuse only of that free will is the object of legal punishment. Neither is any restraint hereby laid upon freedom of thought or enquiry: liberty of private sentiment is still left; the disseminating, or making public, of bad sentiments, destructive of the ends of society, is the crime which society corrects. A man (says a fine writer on this subject) may be allowed to keep poisons in his closet, but not publicly to vend them as cordials. And to this we may add, that the only plausible argument heretofore used for restraining the just freedom of the press, "that it was necessary to prevent the daily abuse of it," will entirely lose it's force, when it is shewn (by a seasonable exertion of the laws) that the press cannot be abused to any bad purpose, without incurring a suitable punishment: whereas it never can be used to any good one, when under the control of an inspector. So true will it be found, that to censure the licentiousness, is to maintain the liberty, of the press."

- Freedom of the press

• 0 likes• freedom-of-speech• journalism•
"In contrast to publications that take such a careless or outright supportive stance on the irreparable harm of U.S. foreign policy are WikiLeaks and its founder, Julian Assange. Following his view that “if wars can be started with lies, they can be stopped by truth,” Assange has published some of the most vital information on U.S. foreign policy of the 21st century with perfect accuracy. Some of the information provided to the public (thanks to the anonymous online source submission system developed by Assange) includes the CIA rendition program, detainee abuse at Guantanamo Bay, and U.S. war crimes in Iraq, Afghanistan, Yemen, and more. It is this view on publishing which understands war as something to be exposed and resisted that has made Assange such a hated figure by warmongers in the United States. Despite the many problems with the mainstream press, journalism as an institution remains one of the most effective methods of resisting, and at times, ending wars. Even those distrustful of the press should be willing to oppose attacks on the right to a free press when such attacks occur. It is the guarantee of press freedom that enables anti-war reporting to make its way into the mainstream at times, shifting people's understanding of what their government does. The press still has the power to challenge and prevent U.S. wars. However, this power hangs in the balance in the form of Julian Assange's fate. Recent coverage of the Afghanistan withdrawal shows the potential for two types of press. One which sees its role as the mouthpiece for the most war-hungry members of a global empire or one that shows the true nature of war to the public, enabling them to oppose it and giving its victims some justice. For anti-war advocates who would rather see the latter option covering foreign policy, it is essential to show strong support for Julian Assange and demand the charges against him be dropped immediately."

- Freedom of the press

• 0 likes• freedom-of-speech• journalism•
"The First Amendment concept of a "free press" must be read in the light of the struggle of free men against prior restraint of publication. From the time of Blackstone it was a tenet of the founding fathers that precensorship was the primary evil to be dealt with in the First Amendment. Fortunately upon the facts adduced in this case there is no sharp clash such as might have appeared between the vital security interest of the Nation and the compelling Constitutional doctrine against prior restraint. If there be some embarrassment to the Government in security aspects as remote as the general embarrassment that flows from any security breach, we must learn to live with it. The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know. In this case there has been no attempt by the Government at political suppression. There has been no attempt to stifle criticism. Yet in the last analysis it is not merely the opinion of the editorial writer or of the columnist which is protected by the First Amendment. It is the free flow of information so that the public will be informed about the Government and its actions. These are troubled times. There is no greater safety valve for discontent and cynicism about the affairs of Government than freedom of expression in any form. This has been the genius of our institutions throughout our history. It is one of the marked traits of our national life that distinguish us from other nations under different forms of government."

- Freedom of the press

• 0 likes• freedom-of-speech• journalism•
"Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. [...] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. As this Court said in United States v. Cruikshank, 92 U.S. 542, 552: The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [...] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government."

- Freedom of the press

• 0 likes• freedom-of-speech• journalism•