“It is impossible to concede that, by the words "freedom of the press," the framers of the amendment intended to adopt merely the narrow view then reflected by the law of England that such freedom consisted only in immunity from previous censorship, for this abuse had then permanently disappeared from English practice. It is equally impossible to believe that it was not intended to bring within the reach of these words such modes of restraint as were embodied in the two forms of taxation already described.”

— George Sutherland

Grosjean v. American Press Co. (1936)

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George Sutherland 10

Associate Justice of the U.S. Supreme Court, United States … 1862–1942

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“The full impact of printing did not become possible until the adoption of the Bill of Rights in the United States with its guarantee of freedom of the press. A guarantee of freedom of the press in print was intended to further sanctify the printed word and to provide a rigid bulwark for the shelter of vested interests.”

Harold Innis (1894–1952) Canadian professor of political economy

Industrialism and Cultural Values p. 138.
The Bias of Communication (1951)

“The exceptional nature of its limitations places in a strong light the general conception that liberty of the press, historically considered and taken up by the Federal Constitution, has meant, principally, although not exclusively, immunity from previous restraints or censorship.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“The framers of the American Constitution were far from wishing or intending to found a democracy in the strict sense of the word, though, as was inevitable, every expansion of the scheme of government they elaborated has been in a democratical direction.”

James Russell Lowell (1819–1891) American poet, critic, editor, and diplomat

On Democracy (6 October 1884)
Context: The framers of the American Constitution were far from wishing or intending to found a democracy in the strict sense of the word, though, as was inevitable, every expansion of the scheme of government they elaborated has been in a democratical direction. But this has been generally the slow result of growth, and not the sudden innovation of theory; in fact, they had a profound disbelief in theory, and knew better than to commit the folly of breaking with the past. They were not seduced by the French fallacy that a new system of government could be ordered like a new suit of clothes. They would as soon have thought of ordering a new suit of flesh and skin. It is only on the roaring loom of time that the stuff is woven for such a vesture of their thought and experience as they were meditating. They recognized fully the value of tradition and habit as the great allies of permanence and stability. They all had that distaste for innovation which belonged to their race, and many of them a distrust of human nature derived from their creed.

“From the point of view of the development of Marx’ s theories, his early journalistic writings are important for two main reasons. In his sharp attacks on the censorship law he spoke out unequivocally for the freedom of the Press, against the levelling effect of government restriction (‘ You don’ t expect a rose to smell like a violet; why then should the human spirit, the richest thing we have, exist only in a single form?’), and also expressed views concerning the whole nature of the state and the essence of freedom. Pointing out that the vagueness and ambiguity of the Press law placed arbitrary power in the hands of officials, Marx went on to argue that censorship was contrary not only to the purposes of the Press, but to tbe nature of the state as such.”

Leszek Kolakowski (1927–2009) Philosopher, historian of ideas

Source: Main Currents Of Marxism (1978), Three Volume edition, Volume I, The Founders, pp. 120-1

“…we were brainwashed into believing… that the only important thing was individualism. They called it freedom. There is no such thing as freedom. There is something called liberty; it's quite different. …read [Guido de] Ruggiero's History of European Liberalism… Freedom is freedom from restraints. We're always under restraints.”

Carroll Quigley (1910–1977) American historian

Oscar Iden Lecture Series, Lecture 3: "The State of Individuals" (1976)

“If man were not free, then he could not conceive of causality at all, and could not form any concept of it. Insight into lawfulness is already freedom from it.”

Otto Weininger (1880–1903) austrian philosopher and writer

Collected Aphorisms

“Public officers, whose character and conduct remain open to debate and free discussion in the press, find their remedies for false accusations in actions under libel laws providing for redress and punishment, and not in proceedings to restrain the publication of newspapers and periodicals. The general principle that the constitutional guaranty of the liberty of the press gives immunity from previous restraints has been approved in many decisions under the provisions of state constitutions. The importance of this immunity has not lessened. While reckless assaults upon public men, and efforts to bring obloquy upon those who are endeavoring faithfully to discharge official duties, exert a baleful influence and deserve the severest condemnation in public opinion, it cannot be said that this abuse is greater, and it is believed to be less, than that which characterized the period in which our institutions took shape. Meanwhile, the administration of government has become more complex, the opportunities for malfeasance and corruption have multiplied, crime has grown to most serious proportions, and the danger of its protection by unfaithful officials and of the impairment of the fundamental security of life and property by criminal alliances and official neglect, emphasizes the primary need of a vigilant and courageous press, especially in great cities. The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct. Subsequent punishment for such abuses as may exist is the appropriate remedy consistent with constitutional privilege.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“After Magna Carta became subject to renewed interest in the 17th century, William Blackstone referred to this provision as protecting the 'absolute rights of every Englishman'. And he formulated those absolute rights as 'the right of personal security', which included the right to life; 'the right of personal liberty'; and 'the right of private property'. He defined 'the right of personal liberty' as 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one’s own inclination may direct; without imprisonment or restraint, unless by due course of law'. The Framers drew heavily upon Blackstone's formulation, adopting provisions in early State Constitutions that replicated Magna Carta's language, but were modified to refer specifically to 'life, liberty, or property'. State decisions interpreting these provisions between the founding and the ratification of the Fourteenth Amendment almost uniformly construed the word 'liberty' to refer only to freedom from physical restraint. Even one case that has been identified as a possible exception to that view merely used broad language about liberty in the context of a habeas corpus proceeding—a proceeding classically associated with obtaining freedom from physical restraint.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

“It is impossible for us English lawyers, dealing with the English language, to express our views except in the technical language of our law.”

Arthur Kekewich (1832–1907) British judge

Lauri v. Renad (1892), L. R. 3 C. D. [1892], p. 413.

“A law on press and information must be drafted, widely discussed, and adopted, with the aim not only of ending irresponsible and irrational censorship, but also of encouraging self-study in our society, fearless discussion, and the search for truth. The law must provide for the material resources of freedom of thought.
All anti-constitutional laws and decrees violating human rights must be abrogated.”

Andrei Sakharov (1921–1989) Soviet nuclear physicist and human rights activist

Progress, Coexistence and Intellectual Freedom (1968), The Basis for Hope, A Summary of Proposals
Context: The strategy of peaceful coexistence and collaboration must be deepened in every way. Scientific methods and principles of international policy will have to be worked out, based on scientific prediction of the immediate and more distant consequences.
The initiative must be seized in working out a broad program of struggle against hunger.
A law on press and information must be drafted, widely discussed, and adopted, with the aim not only of ending irresponsible and irrational censorship, but also of encouraging self-study in our society, fearless discussion, and the search for truth. The law must provide for the material resources of freedom of thought.
All anti-constitutional laws and decrees violating human rights must be abrogated.

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George Sutherland 10

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