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Franklin, Benjamin

"Philadelphia 1785-1790"

_ Yet if an officer of this court receives the
slightest check for misconduct in this his office, he claims
immediately the rights of a free citizen by the constitution, and
demands to know his accuser, to confront the witnesses, and to have a
fair trial by a jury of his peers.
_The foundation of its authority._
It is said to be founded on an article in the
state-constitution, which establishes _the liberty of the press._ A
liberty which every Pennsylvanian would fight and die for: Though few
of us, I believe, have distinct ideas of its nature and extent. It
seems indeed somewhat like the _liberty_ of the _press_ that felons
have by the common law of England before conviction, that is, to be
either _pressed_ to death or hanged. If by the _liberty of_ _the
press_ were understood merely the liberty of discussing the propriety
of public measures and political opinions, let us have as much of it
as you please: But if it means the liberty of affronting,
calumniating and defaming one another, I, for my part, own myself
willing to part with my share of it, whenever our legislators shall
please so to alter the law and shall chearfully consent to exchange
my _liberty_ of abusing others for the _privilege_ of not being
abused myself.


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