inherent or inalienable, as our Declaration of
Independence would say. This is well illustrated by the principle of the
freedom of the press, which is usually considered one of the greater
guarantees of individual liberty. An examination of the provisions of
various continental constitutions shows that this freedom is given or
guaranteed by the government or by these documents themselves.
"The press shall be free," says the Constitution of Italy (Article 28).
"No previous authorization shall be required in order that one may
publish his thoughts or opinions through the press, except that every
person shall be responsible according to law."--Cons. of The
Netherlands (Art. 7). "There shall be liberty of the press."--Cons. of
Norway (Art. 100). "Every third year the Riksdag (Parliament) ... shall
... appoint six persons of known intelligence and knowledge, who with
the solicitor general as president shall watch over the liberty of the
press ... If they decide that the [any] manuscript may be printed, both
author and publisher shall be free from all responsibility, but the
commissioners shall be responsible."--Cons. of Sweden (Art. 108). "The
freedom of the press is guaranteed. Nevertheless, the cantons, by law,
may enact measures necessary for the suppression of abuses.... The
Confederation may also enact penalties for the suppression of press
offenses as directed against it or its authorities."--Cons. of
Switzerland (Art. 55). "The press is free; no censorship shall ever be
established; no security shall be exacted of writers, publishers or
printers. In case the writer is known and is a resident of Belgium, the
publisher, printer, or distributor shall not be prosecuted."--Cons. of
Belgium (Art. 18). But this same Constitution later on says quite
pointedly (Art. 96, clause 2) when prescribing the administration of
justice,--"In case of political offenses and offenses of the press
closed doors shall be enforced only by a unanimous vote of the court."
Also (in Art. 98) "The right of trial by jury shall be established in
all criminal cases and for all political offenses of the press." A
further reading of the provisions of these constitutions will show that
the whole intention of the documents is to _grant_ various rights and
privileges to the people.
In contrast with these establishments of the freedom of the press by the
constitutions and governments of the various European countries, the
Constitution of the United State
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