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" But to punish, as the law does at present, any dangerous or offensive writings which when published shall on a fair and impartial trial' be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and... "
Commentaries on the laws of England. [Another] - Page 150
de sir William Blackstone - 1825
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Print and Electronic Media: The Case for First Amendment Parity

1983 - 134 pages
...punish as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious...of individuals is still left free: the abuse only af that free will is the object of legal punishment. The Blackstonian argument is that freedom of the...
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The Documentary History of the Supreme Court of the United States, 1789-1800 ...

Maeva Marcus, James R. Perry - 1985 - 588 pages
...punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious...any restraint hereby laid upon freedom of thought or enquiry: liberty of private sentiment is still left; the disseminating, or making public, of bad sentiments,...
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The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its ...

Bernard H. Siegan - 232 pages
...punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious...any restraint hereby laid upon freedom of thought or enquiry: liberty of private sentiment is still left: the disseminating, or making public, of bad sentiments,...
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The Concept of Liberty in the Age of the American Revolution

John Phillip Reid - 1988 - 248 pages
...punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious...abuse only of that free will is the object of legal punishment.24 It might be argued that we have not so much rejected Blackstone's legal premises as altered...
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Printers and Press Freedom: The Ideology of Early American Journalism

Jeffery A. Smith - 1990 - 246 pages
...accordingly described in William Blackstone's Commentaries on the Laws of England (1765-1769) as being "necessary for the preservation of peace and good...religion, the only solid foundations of civil liberty." Liberty of the press meant "no previous restraints upon publications," Blackstone asserted. Once published,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 112

California. Supreme Court - 1906 - 826 pages
...the arbitrary and infallible judge of all controverted points in learning, religion, and government Thus the will of individuals is still left free; the...that free will is the object of legal punishment." Story, in his work upon the Constitution, section 1885, declares: "Indeed, the liberty of the press,...
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Americanization of the Common Law: The Impact of Legal Change on ...

William Edward Nelson - 1994 - 301 pages
...inability to overcome the assumption that the punishment of "dangerous or offensive writings . . . [was] necessary for the preservation of peace and good order,...and religion, the only solid foundations of civil liberty."[58] The publication of a malicious libel was, according to the Supreme Judicial Court, "an...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - 1999 - 374 pages
...men. § 451. The importance of this article will scarcely be 264 CONSTITUTION OF THE UNITED STATES peace and good order, of government and religion,...solid foundations of civil liberty. Thus, the will 01 individuals is still left free ; the abuse only of that free will is the object of legal punishment....
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Freedom of Expression in the Supreme Court: The Defining Cases

Terry Eastland - 2000 - 446 pages
...publishes what is improper, mischievous, or illegal, he must take the consequences of his own temerity. Thus, the will of individuals is still left free:...that free will is the object of legal punishment. In the states, obscenity was an object of legal punishment. So was — and this is a major chapter...
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Keeping the Faith: A Cultural History of the U.S. Supreme Court

John E. Semonche - 2000 - 532 pages
...immunize individuals from subsequent punishment for what they had published or said. Iredell declared that "the will of individuals is still left free; the abuse...that free will is the object of legal punishment." In fact, the justice pointed out, the act had liberalized the common law by stipulating that truth...
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