Against the Imperial Press

Writing in 1833, Justice Joseph Story, one of the greatest jurists of the early republic, warned against a dangerously exaggerated conception of the freedom of the press. “There is,” Story observed in his Commentaries on the Constitution of the United States, “a good deal of loose reasoning on the subject of the liberty of the press, as if its inviolability were constitutionally such, that, like the king of England, it could do no wrong, and was free from every inquiry, and afforded a sanctuary for every abuse; that, in short, it implied a despotic sovereignty to do every sort of wrong, without the slightest accountability to private or public justice.” This idea, Story held, “is too extravagant to be held by any sound constitutional lawyer.”