The Week [excerpt]
What looks like a step backward is
the decision of the Virginia Constitutional Convention to omit from
the new Constitution which it is framing a provision regarding free
speech that is found in the old one. The Bill of Rights in that
State now contains this section:
“That the freedom of the press is one of the great bulwarks
of liberty, and can never be restrained but by despotic governments.
And any citizen may speak, write, and publish his sentiments
on all subjects, being responsible for the abuse of that liberty.”
A committee reported in favor of striking out the second of these
sentences, and an attempt in the Convention to restore the clause
was defeated by a vote of 28 to 23. The incident occurred a few
days after Mr. McKinley was shot, and the action would naturally
be attributed to that crime. Indeed, the chairman of the committee
responsible incidentally referred to the assassination of President
McKinley, and added: “It does seem to me that we have had a lesson
in this country of the evils that will come of allowing a man, or
rather a woman, to speak for ever on all subjects, subject to their
liability to the law. We should not encourage it.” The main reason
which he assigned, however, was the fact that the clause in question
was “the work of aliens”—meaning that it was added to the original
section by the convention, largely [235][236]
controlled by “carpet-baggers,” which met in 1868, during the reconstruction
era—and that their work ought to be undone. Practically nothing
is accomplished by such action.
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