[Democracy In America Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link bookDemocracy In America Volume 1 (of 2) CHAPTER XI: Liberty Of The Press In The United States 1/16
CHAPTER XI: Liberty Of The Press In The United States. Chapter Summary Difficulty of restraining the liberty of the press--Particular reasons which some nations have to cherish this liberty--The liberty of the press a necessary consequence of the sovereignty of the people as it is understood in America--Violent language of the periodical press in the United States--Propensities of the periodical press--Illustrated by the United States--Opinion of the Americans upon the repression of the abuse of the liberty of the press by judicial prosecutions--Reasons for which the press is less powerful in America than in France. Liberty Of The Press In The United States The influence of the liberty of the press does not affect political opinions alone, but it extends to all the opinions of men, and it modifies customs as well as laws.
In another part of this work I shall attempt to determinate the degree of influence which the liberty of the press has exercised upon civil society in the United States, and to point out the direction which it has given to the ideas, as well as the tone which it has imparted to the character and the feelings, of the Anglo-Americans, but at present I purpose simply to examine the effects produced by the liberty of the press in the political world. I confess that I do not entertain that firm and complete attachment to the liberty of the press which things that are supremely good in their very nature are wont to excite in the mind; and I approve of it more from a recollection of the evils it prevents than from a consideration of the advantages it ensures. If any one could point out an intermediate and yet a tenable position between the complete independence and the entire subjection of the public expression of opinion, I should perhaps be inclined to adopt it; but the difficulty is to discover this position.
If it is your intention to correct the abuses of unlicensed printing and to restore the use of orderly language, you may in the first instance try the offender by a jury; but if the jury acquits him, the opinion which was that of a single individual becomes the opinion of the country at large.
Too much and too little has therefore hitherto been done.
If you proceed, you must bring the delinquent before a court of permanent judges.
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