Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/745

 CH. XLIV.] sentence: "So true will it be found, that to censure the licentiousness, is to maintain the liberty of the press."

§ 1879. De Lolme states the same view of the subject; and, indeed, the liberty of the press, as understood by all England, is the right to publish without any previous restraint, or license; so, that neither the courts of justice, nor other persons, are authorized to take notice of writings intended for the press; but are confined to those, which are printed. And, in such cases, if their character is questioned, whether they are lawful, or libelous, is to be tried by a jury, according to due proceedings at law. The noblest patriots of England, and the most distinguished friends of liberty, both in parliament, and at the bar, have never contended for a total exemption from responsibility, but have asked only, that the guilt or innocence of the publication should be ascertained by a trial by jury. 93