“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.”

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

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Charles Evans Hughes 34
American judge 1862–1948

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Charles Evans Hughes photo
Charles Evans Hughes photo

“In attempted justification of the statute, it is said that it deals not with publication per se, but with the "business" of publishing defamation. If, however, the publisher has a constitutional right to publish, without previous restraint, an edition of his newspaper charging official derelictions, it cannot be denied that he may publish subsequent editions for the same purpose. He does not lose his right by exercising it. If his right exists, it may be exercised in publishing nine editions, as in this case, as well as in one edition. If previous restraint is permissible, it may be imposed at once; indeed, the wrong may be as serious in one publication as in several. Characterizing the publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint. Similarly, it does not matter that the newspaper or periodical is found to be "largely" or "chiefly" devoted to the publication of such derelictions. If the publisher has a right, without previous restraint, to publish them, his right cannot be deemed to be dependent upon his publishing something else, more or less, with the matter to which objection is made. Nor can it be said that the constitutional freedom from previous restraint is lost because charges are made of derelictions which constitute crimes. With the multiplying provisions of penal codes, and of municipal charters and ordinances carrying penal sanctions, the conduct of public officers is very largely within the purview of criminal statutes. The freedom of the press from previous restraint has never been regarded as limited to such animadversions as lay outside the range of penal enactments. Historically, there is no such limitation; it is inconsistent with the reason which underlies the privilege, as the privilege so limited would be of slight value for the purposes for which it came to be established.”

Charles Evans Hughes (1862–1948) American judge

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

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Bertrand Russell photo

“There are those who blame the Press, but in this I think they are mistaken. The Press is such as the public demands, and the public demands bad newspapers because it has been badly educated.”

Bertrand Russell (1872–1970) logician, one of the first analytic philosophers and political activist

Source: 1930s, Education and the Social Order (1932), p. 133

Charles Evans Hughes photo
Charles Evans Hughes photo
Charles Evans Hughes photo

“Equally unavailing is the insistence that the statute is designed to prevent the circulation of scandal which tends [p722] to disturb the public peace and to provoke assaults and the commission of crime. Charges of reprehensible conduct, and in particular of official malfeasance, unquestionably create a public scandal, but the theory of the constitutional guaranty is that even a more serious public evil would be caused by authority to prevent publication. To prohibit the intent to excite those unfavorable sentiments against those who administer the Government is equivalent to a prohibition of the actual excitement of them, and to prohibit the actual excitement of them is equivalent to a prohibition of discussions having that tendency and effect, which, again, is equivalent to a protection of those who administer the Government, if they should at any time deserve the contempt or hatred of the people, against being exposed to it by free animadversions on their characters and conduct. There is nothing new in the fact that charges of reprehensible conduct may create resentment and the disposition to resort to violent means of redress, but this well understood tendency did not alter the determination to protect the press against censorship and restraint upon publication. […] The danger of violent reactions becomes greater with effective organization of defiant groups resenting exposure, and if this consideration warranted legislative interference with the initial freedom of publication, the constitutional protection would be reduced to a mere form of words.”

Charles Evans Hughes (1862–1948) American judge

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

K. R. Narayanan photo
John F. Kennedy photo

“We cannot, under the scrutiny of a free press and public, tell different stories to different audiences, foreign and domestic, friendly and hostile.”

John F. Kennedy (1917–1963) 35th president of the United States of America

Also quoted in "Warrior for Peace" by David Talbot, in TIME (2 July 2007), p. 50 http://www.time.com/time/specials/2007/article/0,28804,1635958_1635999_1634954-6,00.html
1961, Address at the University of Washington
Context: We increase our arms at a heavy cost, primarily to make certain that we will not have to use them. We must face up to the chance of war, if we are to maintain the peace. We must work with certain countries lacking in freedom in order to strengthen the cause of freedom. We find some who call themselves neutral who are our friends and sympathetic to us, and others who call themselves neutral who are unremittingly hostile to us. And as the most powerful defender of freedom on earth, we find ourselves unable to escape the responsibilities of freedom, and yet unable to exercise it without restraints imposed by the very freedoms we seek to protect. We cannot, as a free nation, compete with our adversaries in tactics of terror, assassination, false promises, counterfeit mobs and crises. We cannot, under the scrutiny of a free press and public, tell different stories to different audiences, foreign and domestic, friendly and hostile. We cannot abandon the slow processes of consulting with our allies to match the swift expediencies of those who merely dictate to their satellites. We can neither abandon nor control the international organization in which we now cast less than 1 percent of the vote in the General Assembly. We possess weapons of tremendous power — but they are least effective in combating the weapons most often used by freedom's foes: subversion, infiltration, guerrilla warfare, civil disorder. We send arms to other peoples — just as we send them the ideals of democracy in which we believe — but we cannot send them the will to use those arms or to abide by those ideals. And while we believe not only in the force of arms but in the force of right and reason, we have learned that reason does not always appeal to unreasonable men — that it is not always true that "a soft answer turneth away wrath" — and that right does not always make might. In short, we must face problems which do not lend themselves to easy or quick or permanent solutions. And we must face the fact that the United States is neither omnipotent or omniscient — that we are only 6 percent of the world's population — that we cannot impose our will upon the other 94 percent of mankind — that we cannot right every wrong or reverse each adversity — and that therefore there cannot be an American solution to every world problem.

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