Free Speech p. 2

"I thank God there are no free schools nor printing, and I hope we shall not have these hundred years; for learning has brought disobedience and heresy and sects into the world; and printing has divulged them, and libels against the best government. God keep us from both."

More links to early Virginia history

Gov. Berkeley on Bacon's Rebellion

"The question before the Court and you, Gentlemen of the jury, is not of small or private concern. It is not the cause of one poor printer, nor of New York alone, which you are now trying. No! It may in its consequence affect every free man that lives under a British government on the main of America.Ê It is the best cause.Ê It is the cause of liberty.Ê And I make no doubt but your upright conduct this day will not only entitle you to the love and esteem of your fellow citizens, but every man who prefers freedom to a life of slavery will bless and honor you as men who have baffled the attempt of tyranny..."
Andrew Hamilton

CATO: Of Freedom of Speech: That the same is inseparable from publick Liberty. (No. 15, 1721)

"Without freedom of thought, there can be no such thing as wisdom; and no such thing as publick liberty, without freedom of speech, which is the right of every man, as far as by it he does not hurt and control the right of another; and this is the only check which it ought to suffer, the only bounds which it ought to know.This sacred privilege is so essential to free government, that the security of property and the freedom of speech, always go together; and in those wretched countries where a man can not call his tongue his own, he can scarce call any thing else his own. Whoever would overthrow the liberty of the nation, must begin by subduing the freedom of speech; a thing terrible to publick traitors."

The CATO LETTERS, political opinion columns from two English journalists, are widely published in newspapers in the American colonies and England in the early to mid-1700s. It is interesting that very similar words, attributed to Benjamin Franklin, are engraved over one entrance to the US Senate in Washington DC.

"These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered." -- Thomas Paine, The Crisis

5. The American Revolution Nathaniel Bacon, William Berkeley, *John Peter Zenger, Benjamin Franklin, Sam Adams, Thomas Paine, Patrick Hen*ry
"I thank God there are no free schools nor printing, and I hope we shall not have these hundred years; for learning has brought disobedience and heresy and sects into the world; and printing has divulged them, and libels against the best government. God keep us from both." More links to early Virginia history Gov. Berkeley on Bacon's Rebellion		Censorship in the Colonies Laws in the new Virginia colonies include the death penalty for speaking against the articles of the Christian faith or against the governor. It also lists another 300 items offensive to the government. Several colonists are tortured for breaking these laws. In 1620, the Virginia House of Burgesses strips Capt. Henry Spellman of rank for "treasonable words." During the period, thousands of people are brought before Virginia and other state assemblies and punished for daring to criticize them, even in the mildest terms. *Truth is not a defense in such cases.* In fact, truthful criticism is seen as even worse since it further undermines authority. In 1640, Sir William Berkeley (1606 - 1677) is appointed governor of Virginia and immediately banishes the Puritans. In 1649 he invites Charles II, son of the executed king, to come over during this exile and be King of Virginia. Berkeley was a brutal governor and it is widely held that his approach to government led to the insurrection known as Bacon's Rebellion. Berkeley suppressed it without mercy and hanged so many rebels that when Charles II was restored to the throne after Cromwell's rebellion, he exclaimed, "That old fool [Berkeley] has put to death more people in that naked country than I did here for the death of the father!" Berkeley was removed from the governorship and recall to England, and Virginia celebrated his going with bonfires and wild parties. Berkeley sought an interview with the King, who always postponed it. The old man died, still waiting for his audience.
		The first newspapers printed in the colonies, such as Publick Occurrences in 1690 and the Franklin brothers New England Courant, printed in the 1720s, are surpressed for sedition. The editors jailed. Free speech was not considered feasible or practical. In England, printers were still being drawn, quartered and hung for sedition or "compassing" the death of a king as late as the 1690s.
		Maryland Toleration Act (1649) prohibited all but Christianity under pain of death but declared toleration among Christians. "And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealthes where it hath been practised... noe person or persons whatsoever within this Province ... professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled..." It was a first tentative step towards freedom of religion.
"The question before the Court and you, Gentlemen of the jury, is not of small or private concern. It is not the cause of one poor printer, nor of New York alone, which you are now trying. No! It may in its consequence affect every free man that lives under a British government on the main of America.Ê It is the best cause.Ê It is the cause of liberty.Ê And I make no doubt but your upright conduct this day will not only entitle you to the love and esteem of your fellow citizens, but every man who prefers freedom to a life of slavery will bless and honor you as men who have baffled the attempt of tyranny..." Andrew Hamilton		John Peter Zenger Trial 1735 -- "Truth ought to govern the whole affair of libels" A landmark case in American free speech issues was the John Peter Zenger trial. Zenger's newspaper, the New York Weekly Journal, published two ballads celebrating the election of some of Gov. William Cosby's opponents to positions of city magistrate. The ballad said their opponents were "pettyfogging knaves" and that the newly elected would "make the scoundrel rascals fly." The governor issues a pamphlet calling it "sedition." Zenger was charged with seditious libel and spent 8 months in jail before the trial. At the trial, Andrew Hamilton, a Philadelphia. lawyer, gave an eloquent argument to the jury, insisting that truth should be a defense against seditious libel. The Jury returned not guilty verdict., which usurped judge's prerogative to decide whether libel had been committed Zenger case had tremendous psychological impact in colonies, gave huge impetus to press freedom. The case was widely accepted as a precedent in English law. In 1740, for example, William Parks, printer of the Virgina Gazette, published a story about conviction of a House of Burgesses member for stealing sheep some years previously. Parks was tried by the legislature on criminal libel. Citing Zenger, he used truth as a defense and was acquitted.
CATO: Of Freedom of Speech: That the same is inseparable from publick Liberty. (No. 15, 1721) "Without freedom of thought, there can be no such thing as wisdom; and no such thing as publick liberty, without freedom of speech, which is the right of every man, as far as by it he does not hurt and control the right of another; and this is the only check which it ought to suffer, the only bounds which it ought to know.This sacred privilege is so essential to free government, that the security of property and the freedom of speech, always go together; and in those wretched countries where a man can not call his tongue his own, he can scarce call any thing else his own. Whoever would overthrow the liberty of the nation, must begin by subduing the freedom of speech; a thing terrible to publick traitors." The CATO LETTERS, political opinion columns from two English journalists, are widely published in newspapers in the American colonies and England in the early to mid-1700s. It is interesting that very similar words, attributed to Benjamin Franklin, are engraved over one entrance to the US Senate in Washington DC.
		Ben Franklin 1706 - 1790 The model journalist and elder statesman of the American Revolution, Franklin's ideas about press freedom were the foundation of the First Amendment. He said printers are educated in the belief that "when men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Public. When Truth and Error have fiar Play, the former is always an overmatch for the latter." Franklin was also a cautious businessman, and said he would avoid "printing such Things as usually give Offence either to Church or State." Later in life he said that people who publish lies deserve to be punished. But then, he asked: "To whom dare we commit the care of [punishing liars]? An evil magistrate entrusted with power to punish for words would be armed with a weapon most destructive and terrible. Under pretence of pruning off the exuberant branches he would be apt to destroy the tree." Therefore, under no circumstances should anyone be punished for publishing what is t true. Anyone who tries to use the powers of government to bring legal action against a publication that tells the truth "ought to be repudiated as an enemy to liberty."
"These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered." -- Thomas Paine, The Crisis		Revolutionaries Sam Adams (1722 - 1803), brewer and patriot, seems less radical today. His argument for natural rights is straight out of Locke. And his religious tolerance would not extend to Catholics because they would obey the Pope before any secular government. "Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature." 1772 -- Samuel Adams on the Rights of the Colonists Thomas Paine (1736-1809), wrote COMMON SENSE (1776) a call to arms for America. ¥ THE CRISIS (1776-77) encouraging fellow revolutionaries, THE RIGHTS OF MAN (1791-92) Paine's reply to an attack on the French Revolution by Edmund Burke. and AGE OF REASON (1794, 1796) Paine's biting criticism of the Bible and religion. "The revolutions of America and France have ... provoked people to think by making them feel... Such is the irressistible nature of truth, that all it asks, and all it wants, is the liberty of appearing. The sun needs no inscription to distinguish him from darkness." -- Thomas Paine In Virginia a young revolutionary takes the podium at the General Assembly: "... Gentlemen may cry, Peace, Peace-- but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!" Patrick Henry, March 17, 1775
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