The public sphere thrived on the free exchange of ideas. But free expression was not generally considered one of the ancient rights of Englishmen. The phrase “freedom of speech” originated in Britain during the sixteenth century in Parliament’s struggle to achieve the privilege of unrestrained debate. A right of legislators, not ordinary citizens, it referred to the ability of members of Parliament to express their views without fear of reprisal, on the grounds that only in this way could they effectively represent the people. Outside of Parliament, free speech had no legal protection. A subject could be beheaded for accusing the king of failing to hold “true” religious beliefs, and language from swearing to criticism of the government exposed a person to criminal penalties.
As for freedom of the press, governments on both sides of the Atlantic viewed this as extremely dangerous, partly because they considered ordinary citizens prone to be misled by inflammatory printed materials. During the English Civil War of the 1640s, the Levelers had called for the adoption of a written constitution, an Agreement of the People, containing guarantees of religious liberty and freedom of the press. But until 1695, when a British law requiring the licensing of printed works before publication lapsed, no newspaper, book, or pamphlet could legally be printed without a government license. The instructions of colonial governors included a warning about the “great inconveniences that may arise by the liberty of printing.” After 1695, the government could not censor newspapers, books, and pamphlets before they appeared in print, although it continued to try to manage the press by direct payments to publishers and individual journalists. Authors and publishers could still be prosecuted for “seditious libel”—a crime that included defaming government officials— or punished for contempt.
A portrait of Benjamin Franklin injur hat and spectacles, dated 1777, depicts him as a symbol of America.
Elected assemblies, not governors, most frequently discouraged freedom of the press in colonial America. Dozens of publishers were hauled before assemblies and forced to apologize for comments regarding one or another member. If they refused, they were jailed. James Franklin, Benjamin’s older brother, spent a month in prison in 1722 after publishing a piece satirizing public authorities in Massachusetts. Colonial newspapers vigorously defended freedom of the press as a central component of liberty, insisting that the citizenry had a right to monitor the workings of government and subject public officials to criticism. Many newspapers reprinted passages from Cato’s Letters in which Trenchard and Gordon strongly opposed prosecutions for libel. “Without freedom of thought,” they declared, “there can be no such thing as wisdom, and no such thing as public liberty, without freedom of speech.” But since government printing contracts were crucial for economic success, few newspapers attacked colonial governments unless financially supported by an opposition faction.