The History of the United States of America : From the Adoption of the Federal Constitution to the End of the Sixteenth Congress 2nd Ser., Vol. 2 (Vol. 5)

Cover The History of the United States of America : From the Adoption of the Federal Constitution to the End of the Sixteenth Congress 2nd Ser., Vol. 2 (Vol. 5)
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With respect, in particular, to political discussions and political newspapers, a freedom as wide as this, however it may often degenerate into license, seems quite indis- pensable. In all free states it has been found necessary to guarantee to the members of the Legislature perfect impunity for any thing said in their legislative character.
This impunity is liable to be greatly abused, and it often is greatly abused by bad and malicious men ; but with- out it, nothing like freedom of discussio
...n, or the detect- ing and ferreting out of political abuses, could be expect- ed. And why not extend a similar impunity — at least to the extent of freedom from criminal prosecutions — to those by whom politics are discussed before the tribunal of the whole people? Falsehoods thus disseminated may be exceedingly grievous to the parties belied ; but those parties always have the privilege of detecting and expos- ing the falsehood thus made to assume a distinct form.
Very seldom, indeed, can it do them any permanent in- jury (in which case they have their remedy by private suit), while the dread of being publicly denounced acts upon the less honest with tremendous force.


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