6920. PRESS (Freedom of the), The Constitution and.—
It is true as a general
principle, and is also expressly declared by
one of the amendments to the Constitution,
that “the powers not delegated to the United
States by the Constitution, nor prohibited by
it to the States, are reserved to the States
respectively, or to the people; and * * *
no power over the freedom of religion, freedom
of speech, or freedom of the press being
delegated to the United States by the Constitution,
nor prohibited by it to the States,
all lawful powers respecting the same did of
right remain, and were reserved to the States
or the people. * * * Thus was manifested
their determination to retain to themselves
the right of judging how far the licentiousness
of speech, and of the press, may be
abridged without lessening their useful freedom,
and how far those abuses which cannot
be separated from their use should be tolerated,
rather than the use be destroyed.
And thus also they guarded against all
abridgment by the United States of the freedom
of religious opinions and exercises, and
retained to themselves the right of protecting
the same, as this State [Kentucky], by a
law passed on the general demand of its citizens,
had already protected them from all
human restraint or interference. * * * In
addition to this general principle and express
declaration, another and more special provision
has been made by one of the amendments
to the Constitution, which expressly declares,
that “Congress shall make no law respecting
an establishment of religion, or prohibiting
the free exercise thereof, or abridging
the freedom of speech, or of the press”,
thereby guarding in the same sentence, and
under the same words, the freedom of religion,
of speech and of the press; insomuch,
that whatever violates either, throws down
the sanctuary which covers the others, and
that libels, falsehood, and defamation, equally
with heresy and false religion, are withheld
from the cognizance of Federal tribunals.
* * * Therefore, the act of Congress of the
United States passed on the 14th day of July,
1798, intituled, “An Act in addition to the
act intituled `An Act for the punishment of
certain crimes against the United States”',
which does abridge the freedom of the press,
is not law, but is altogether void, and of no
force.—
Kentucky Resolutions. Washington ed. ix, 465.
Ford ed., vii, 294.
(1798)
