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1820 Oct. 8 liberticide measures 1 §. 2. *I. Liberty of the press –
destruction
Now then what I say is – that by the prosecution, if it be followed by
punishment, the liberty of the press, to every such purpose as that of operating
as a check to misrule, is destroyed.
The people of Spain – do they know that nothing of this sort could have happened
in the Anglo-American United States no such punishment no such prosecution could
have had place? That matter for /terms of general/ vituperation nor for
defamation itself howsoever wilful /wilfully false/ as well as simply false the
defamatory assertion may be can a /any/ man be punished, as for a criminal
offence although the party defamed be a functionary ever so high in authority,
nor in a word can any suffering under the name of punishment be inflicted? that
neither for vague vituperation nor for determinate defamation itself can a man
be prosecuted there as for an offence against the state? and that where the
object of the offence is the highest functionary in the state, the offender can
no otherwise be called to account than by an /a sort of/ action termed a civil
action from which to the offender nothing worse can ensue than an /the/
obligation to pay money to the party so injured in satisfaction for the injury?
that against injury from abuse of the faculty of discourse whether by speech or
writing, a functionary there, be he of ever so high an order has no protection
whatsoever over and above that which is afforded to every other member of the
community? Do they know /Know you my friends/ that for the having given to
themselves for a time this needless and mischievously exclusive protection, the
rulers of that union lost the confidence of the people /their constituents/, and
what in that only seat of good government is the necessary consequnce of that
loss, the situations for which they were indebted to that confidence? Do they
know, /Know you what I know for his son related it to me/ that for no other
cause than the having headed[?] this measure of supposed security, John Adams in
the service of the first President of Congress in the United States /of the
illustrious Union/ that for this cause this John Adams notwithstanding all his
merit was consigned to obscurity for the rest /remainder/ of his life? Know you
this my friends? If not it is high time you should know it: for it is worth
knowing, and I will tell it you, for it was his son that related it to me.
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Title: [1820. Oct. 13. Spanish liberticide measures]Description: 1820. Oct. 13. Spanish liberticide measures 7 §. 2. Press violation Reasons against libel law As to religion, to prosecute for any thing written against religion, is as much as to say – religion is an imposture. For it is the distinctive character of truth /true opinion/ {that it can not suffer by any thing said against it unless for a time by some /by possibility a/ misrepresentation /false assertion/ in regard to some matter of fact it can not suffer by any thing said against it, and therefore needs no such protection and even by the distrust thus manifested is hurt by it.} that it needs no such protection: and of falshood, that it not only needs it but that it can not stand without it. I say written. For as to the speaking against religion, if it be in public, or the placarding against religion in a public place, here there may be cause /the existence of […?]/ for prosecution and punishment is not impossible. Here indeed may be mischief: but in what shape? Not in the shape of an offence against religion, and that for the reason above given /just brought to view/: not against religion, but against the feelings of individuals – of an unlimited number of individuals in a number to which very frequently no limit can be assigned. Reading what is simply written or printed is what any body and every body may avoid – hearing what a man is speaking in public reading what is posted up in the large characters employed on placards is what it may be out of a man’s power to avoid. In either case The offence belongs to the class of semi public offences, and to the generic denomination Offences against ease of mind: Simple mental injuries.
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