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1817 Dec. 16.
Liberty of the Press
Press liberty – protective law
§ Text.
1.
Text. Except as expected
no punishment in respect
of any published writing
by which inaptitude general
or particular, or
culpable intention a motive
is imputed to the government,
or to any
functionary.
2.
No such writing shall for
the groundlessness of the
imputation, or the reproachfulness
of the terms to punishable;
either directly
or on the ground of an
endeavour thereby to produce
sedation or rebellion offensive,
or defensive.
II. All-perfection of Rulers
Governors considered as a
distinct species!
No wonder they themselves
should so consider themselves.
But be governed
thus should any
be , or
enough!!!
Distinct, yes? no,
unless an act assured of
impunity from
should be so much the less
prone to misdeeds.
Non-rulers are
to mankind by accident.
Pernicious to rulers are so by
establishment pas tout
by the very nature of their
situation.
Sad that superiority should be
ascribed to a set of men to
whom in every thing respect of
every little to respect but
power, inferiority is
secured!!
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Press liberty – protective law
§ Reasons Art. 1. Reason
3 or 1.
Quest. 1. Impose above of
inaptitude why unpunishable.
Anser 1. In aptitude
incident to man in every
situation, particularly
political: to deny
inaptitude is to deny
humanity.
4 or 2.
2. Inaptitude unimputable
government despotic.
To hold imputation of
inaptitude punishable
is to avow and advocate
such despotism.
.
2. Of such writing the effect
is to apply the only check
of which abuse of the supreme
power is susceptible.
To hold such imputation
punishable is therefore
to avow or advocate
abuse to the .
Consummate tyranny
for no civilized government
so shameless as
to deny the greatest happiness
of the greatest
number to be its only proper end.
This a
if any man is prevented
from giving indication
of any instance
in which this end be counteracted.
5.
If prevention of such
imputation be conducive
to good government so is
prevention of evidence
and argument on one side: to justice.
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§. Reasons
Art. 1. Reasons
6.
Such exclusion of accusation is conclusive
evidence of consciousness
of inaptitude and
of virtue and declaration
of the habit & intention
of mis-rule: the worse
the government the
stronger its interest
and thence its anxiety
to effect such exclusion.
7.
By the supposition, to the
check applied by the political
or legal sanction
the supreme power
can not be subjected but
so far from being a
reason why I should
not it is a conclusive
reason why it
should be subjected
to the check applied
by the popular or moral
sanction.
8.
Prevention of all imputation
of bad conduct in
the extreme as long as
it lasts.
10.
For the endeavour to
exclude such imputation
the or a real motive
never can be regard
for general interest.
11.
Never are there other
than regard for the
personal or other
private interest.
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Causes of
for press liberty
uses so have rulers
Information.
§. Information
of evil not
imputable to
sub-rulers
– of do imputable
to them
All can not be
1. groundless
2. nor needless.
1. Inaptitude is incident to
all men.
2. Inaptitude in respect of
probity alias for dispositio propensity
to sacrifice public to
personal and other private
interest is certain, in
all men.
☞ Premium in inaptitude
in comparison of delusion by
the people may be commenced, but not have .
3. In rulers, and the
subordinates they support
this the only check on
misconduct: individuals
have this moral sanction
to check them, and the political
likewise. 3
4. To rule to prevent the
application of this only
check is operate an avowal of tyranny. 3
5. It is a confession of
habitual misrule: by
such means the worst
imaginable government
may support itself: only
in proportion to the badness
of the government is
such a course of suppression
advantageous
to it. 6 - 15- 22.
6. To a good government
it is not only useless but
disadvantageous: the press
perfectly free, absence of
compleat and well grounded
censure is conclusive
evidence of aptitude
in the opposite part no such
evidence can have place.
5. He who advocates the
suppression of the liberty of
the press is an accomplice
in all the crimes which
under the absence of that
check are sure to be committed:
an accessory to
the production of all the
that are the produce of these crimes.
Identifier: | JB/064/106/001 "JB/" can not be assigned to a declared number type with value 64.
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1817-12-16 |
1-11 |
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064 |
Liberty of the Press |
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106 |
Liberty of the Press |
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001 |
Press liberty protective law |
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Marginal summary sheet |
1 |
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recto |
D1 / E1 |
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JOHN DICKINSON & C<…> 1813 |
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A. Levy |
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1813 |
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20460 |
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