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| | In [[England]], the government required the press to be [[license]]d and regulated what could be printed. The Star Chamber punished criticism of the [[King]] as [[sedition|seditious]] [[libel]], even if the criticism was true. In 1695, the English [[Parliament]] allowed the press licensing laws to lapse, and in the 1770s, the crown failed to convict a number of authors for libel. | | In [[England]], the government required the press to be [[license]]d and regulated what could be printed. The Star Chamber punished criticism of the [[King]] as [[sedition|seditious]] [[libel]], even if the criticism was true. In 1695, the English [[Parliament]] allowed the press licensing laws to lapse, and in the 1770s, the crown failed to convict a number of authors for libel. |
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| − | In 1776, the [[Virginia]] [[colonial]] legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of [[liberty]], and can never be restrained but by [[tyranny|despotic]] Governments." Eight of the other thirteen states made similar pledges. When the [[Constitutional Convention]] drafted the original Constitution, the proposal was criticized for failing to include a [[Bill of Rights]]. So the First Congress drafted the Bill of Rights (including a provision for freedom of the press) and sent it to the states for [[ratification]]. | + | In 1776, the [[Virginia]] [[colonial]] legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of [[liberty]], and can never be restrained but by [[tyranny|despotic]] Governments." Eight of the other thirteen states made similar pledges. When the [[Constitutional Convention]] drafted the original Constitution, the proposal was criticized for failing to include a [[Bill of Rights]]. So the First Congress drafted the Bill of Rights (including a provision for Freedom of the Press) and sent it to the states for [[ratification]]. |
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| | As with freedom of speech, freedom of the press is not an unlimited right and the contours have been interpreted by court cases. In ''[[Near v. Minnesota]]'' (1931),<ref>''[[Near v. Minnesota]]'' 283 U.S. 697 (1931)</ref> the Supreme Court rejected [[prior restraint]] (pre-publication censorship) as prohibited by the First Amendment. In this case, the [[Minnesota]] [[legislature]] passed a [[statute]] allowing [[court]]s to shut down "malicious, scandalous and defamatory newspapers", allowing a defense of truth only in cases where the truth had been told "with good motives and for justifiable ends".<ref>Lewis, Anthony (2007). Freedom for the Thought That We Hate: A Biography of the First Amendment. Basic Books. pp. 43. ISBN 978-0-465-03917-3. OCLC 173659591</ref> In a 5–4 decision, the Court applied the Free Press Clause to the states, rejecting the statute as unconstitutional. | | As with freedom of speech, freedom of the press is not an unlimited right and the contours have been interpreted by court cases. In ''[[Near v. Minnesota]]'' (1931),<ref>''[[Near v. Minnesota]]'' 283 U.S. 697 (1931)</ref> the Supreme Court rejected [[prior restraint]] (pre-publication censorship) as prohibited by the First Amendment. In this case, the [[Minnesota]] [[legislature]] passed a [[statute]] allowing [[court]]s to shut down "malicious, scandalous and defamatory newspapers", allowing a defense of truth only in cases where the truth had been told "with good motives and for justifiable ends".<ref>Lewis, Anthony (2007). Freedom for the Thought That We Hate: A Biography of the First Amendment. Basic Books. pp. 43. ISBN 978-0-465-03917-3. OCLC 173659591</ref> In a 5–4 decision, the Court applied the Free Press Clause to the states, rejecting the statute as unconstitutional. |
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| | [[Category : First Amendment]] | | [[Category : First Amendment]] |
| | + | [[Category : Bill of Rights]] |
| | [[Category : Journalism]] | | [[Category : Journalism]] |
| − | [[Category : Bill of Rights]]
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| | [[Category : Censorship]] | | [[Category : Censorship]] |
| | [[Category : Media]] | | [[Category : Media]] |