Freedom of Speech and Press

The right to act, to think, to speak, to print, is the surest way to protect the liberties, and continue the full measure of independence which America so richly possesses. In these rights lies the means of creating a public opinion representative of the entire Nation. This liberty is indispensable to further social, economic, and political development. Clash of opinions creates interest and thought on all public questions. A realization of the force of public opinion expressed by the ballot, awakens a sense of responsibility that compels the best minds to give careful study to any subject that vitally concerns our Nation. Through the present means of communication, the people are daily informed in every matter of national or international import. Abuses. - This privilege does not permit the publication of libels or other matter injurious to public morals or private reputation. Like all liberties granted under the broad principles of the Constitution, these rights are abused to the detriment of the best interests of the people. Propaganda. - Propaganda floods our country from every conceivable source. Active and vociferous agencies have been organized for the express purpose of advancing doctrines absolutely not in accord with the fixed principles of our Nation. In the most persistent manner they seek to tear down rather than build, to destroy rather than improve. One of their most subtly dangerous features is that it is so camouflaged as to make it appear to have an innocent purpose. To prevent such activities during the World War, Congress found it necessary to pass the espionage act of 1917 for the safety of the State and the successful outcome of the struggle. We carefully supervise every agency whose business may in any degree affect the physical health of our people. Equal care should be exercised over all agencies which in any manner may affect our social, economic, or political life. Restriction of abuses. - There is no law in any state or nation that prohibits freedom of speech or press, but there are laws against the abuse of this right. Restrictions may be necessary for the preservation of public order and the protection of the State. While Congress is forbidden by the Constitution to abridge the freedom of speech or the press, the punishment of those who violate every principle of loyalty and patriotism modifies in no manner the constitutional provision. The law punishes because of the crime against the country and its citizens. The first amendment "can not have been, and obviously was not, intended to give immunity for every possible use of language." - Justice Holmes. Blackstone's maxims, which help to interpret the present limitation on speech and press: (1) Between public and private rights the public rights must prevail. (2) Liberty to all, but preference to none. (3) Those offenses should be most severely punished which are most difficult to guard against.