Unoriginal Misunderstanding - Adoption of the First Amendment Press Freedom Guarantee - Page 87

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5.1 House Debate Over the Press Freedom Guarantee -- Representative Jackson Acknowledges that Punishment for Verbal Attacks on Officials Violates Press Freedom

5.2. Preamble to the Bill of Rights and Madison’s Speech Introducing His Proposals.

5.1 House Debate Over the Press Freedom Guarantee -- Representative Jackson Acknowledges that Punishment for Verbal Attacks on Officials Violates Press Freedom

Madison proposed a bill of rights, including a guarantee of liberty of the press, in the first session of the First Congress in 1789. The proposal for a guarantee of press freedom did not generate much debate, but there is one important speech that makes clear that the principle of press freedom under discussion was indeed broader than under common law. Representative James Jackson, a Georgian who opposed the bill of rights, asserted:

The gentleman [Madison] endeavors to secure the liberty of the press; pray how is this in danger? There is no power given to Congress to regulate this subject as they can commerce, or peace, or war. Has any transaction taken place to make us suppose such an amendment necessary? An honorable gentleman, a member of this House, has been attacked in the public newspapers on account of sentiments delivered on this floor. Have Congress taken any notice of it? Have they ordered the writer before them, even for a breach of privilege, although the Constitution provides that a member shall not be questioned in any place for any speech or debate in the House? No, these things are offered to the public view, and held up to the inspection of the world. These are principles which will always prevail. I am not afraid, nor are other members I believe, our conduct should meet the severest scrutiny. Where, then, is the necessity of taking