Saturday, December 19, 2015

Supreme Court Of Michigan Justice Thomas M. Cooley: "The liberty of the press was to be unrestrained, but he who used it was to be repseonsible in case of its abuse; like the right to keep fire-arms...."

   "Besides, it is well undrstood and received as a commentary on this provision of the liberty of the press, that it was intended to prevent all such previous restraints upon publications as had been practised by other governments, and in early times, to stifle the efforts of patriots towards enlightening their fellow subjects upon their rights and duties of the rulers. The liberty of the press was to be unrestrained, but he who used it was to be repseonsible in case of its abuse; like the right to keep fire-arms, which does not protect him who uses them for annoyance or destruction.[1]"

[1] Commonwealth v. Blanding, 3 Pick. 313. See charge of Chief Justice McKean of Penn., 5 Hildreth, 166; Wharton's State Trials, 328; State v. Lebre, 2 Rep. Const. Court, 809.]

[A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power Of The States Of The American Union. By Thomas M. Cooley, One Of The Justices Of The Supreme Court Of Michigan, And Jay Professor Of Law In The University Of Michigan. Boston: Little, Brown, And Co., 1868. Pg. 421]

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