Chapter 11:
LIBERTY OF THE PRESS IN THE UNITED STATES
DIFFICULTY of restraining the liberty of the
press--Particular reasons that some nations have for cherishing
this liberty--The liberty of the press a necessary consequence
of the sovereignty of the people as it * understood in
America--Violent language of the periodical press in the United
States--The periodical press has some peculiar instincts, proved
by the example of the United States--Opinion of the Americans
upon the judicial repression of the abuses of the press--Why the
press is less powerful in America than in France.
The influence of the liberty of the press does not affect
political opinions alone, but extends to all the opinions of men
and modifies customs as well as laws. In another part of this
work I shall attempt to determine the degree of influence that
the liberty of the press has exercised upon civil society in the
United States and to point out the direction which it has given
to the ideas as well as the tone which it has imparted to the
character and the feelings of the Anglo-Americans. At present I
propose only to examine the effects produced by the liberty of
the press in the political world.
I confess that I do not entertain that firm and complete
attachment to the liberty of the press which is wont to be
excited by things that are supremely good in their very nature.
I approve of it from a consideration more of the evils it
prevents than of the advantages it ensures.
If anyone could point out an intermediate and yet a
tenable position between the complete independence and the
entire servitude of opinion, I should perhaps be inclined to
adopt it, but the difficulty is to discover this intermediate
position. Intending to correct the licentiousness of the press
and to restore the use of orderly language, you first try the
offender by a jury; but if the jury acquits him, the opinion
which was that of a single individual becomes the opinion of the
whole country. Too much and too little has therefore been done;
go farther, then. You bring the delinquent before permanent
magistrates; but even here the cause must be heard before it can
be decided; and the very principles which no book would have
ventured to avow are blazoned forth in the pleadings, and what
was obscurely hinted at in a single composition is thus repeated
in a multitude of other publications. The language is only the
expression and, if I may so speak, the body of the thought, but
it is not the thought itself. Tribunals may condemn the body,
but the sense, the spirit of the work is too subtle for their
authority. Too much has still been done to recede, too little to
attain your end; you must go still farther. Establish a
censorship of the press. But the tongue of the public speaker
will still make itself heard, and your purpose is not yet
accomplished; you have only increased the mischief. Thought is
not, like physical strength, dependent upon the number of its
agents; nor can authors be counted like the troops that compose
an army. On the contrary, the authority of a principle is often
increased by the small number of men by whom it is expressed.
The words of one strong-minded man addressed to the passions of
a listening assembly have more power than the vociferations of a
thousand orators; and if it be allowed to speak freely in any
one public place, the consequence is the same as if free
speaking was allowed in every village. The liberty of speech
must therefore be destroyed as well as the liberty of the press.
And now you have succeeded, everybody is reduced to silence. But
your object was to repress the abuses of liberty, and you are
brought to the feet of a despot. You have been led from the
extreme of independence to the extreme of servitude without
finding a single tenable position on the way at which you could
stop.
There are certain nations which have peculiar reasons for
cherishing the liberty of the press, independently of the
general motives that I have just pointed out. For in certain
countries which profess to be free, every individual agent of
the government may violate the laws with impunity, since the
constitution does not give to those who are injured a right of
complaint before the courts of justice. In this case the liberty
of the press is not merely one of the guarantees, but it is the
only guarantee of their liberty and security that the citizens
possess. If the rulers of these nations proposed to abolish the
independence of the press, the whole people might answer: Give
us the right of prosecuting your offenses before the ordinary
tribunals, and perhaps we may then waive our right of appeal to
the tribunal of public opinion.
In countries where the doctrine of the sovereignty of the
people ostensibly prevails, the censorship of the press is not
only dangerous, but absurd. When the right of every citizen to a
share in the government of society is acknowledged, everyone
must be presumed to be able to choose between the various
opinions of his contemporaries and to appreciate the different
facts from which inferences may be drawn. The sovereignty of the
people and the liberty of the press may therefore be regarded as
correlative, just as the censorship of the press and universal
suffrage are two things which are irreconcilably opposed and
which cannot long be retained among the institutions of the same
people. Not a single individual of the millions who inhabit the
United States has as yet dared to propose any restrictions on
the liberty of the press. The first newspaper over which I cast
my eyes, upon my arrival in America, contained the following
article:
In all this affair, the language of Jackson [the
President] has been that of a heartless despot, solely
occupied with the preservation of his own authority.
Ambition is his crime, and it will be his punishment, too:
intrigue is his native element, and intrigue will confound
his tricks, and deprive him of his power. He governs by
means of corruption, and his immoral practices will redound
to his shame and confusion. His conduct in the political
arena has been that of a shameless and lawless gamester. He
succeeded at the time; but the hour of retribution
approaches, and he will be obliged to disgorge his winnings,
to throw aside his false dice, and to end his days in some
retirement, where he may curse his madness at his leisure;
for repentance is a virtue with which his heart is likely to
remain forever unacquainted. (Vincenne's Gazette.)
Many persons in France think that the violence of the
press originates in the instability of the social state, in our
political passions and the general feeling of uneasiness that
consequently prevails; and it is therefore supposed that as soon
as society has resumed a certain degree of composure, the press
will abandon its present vehemence. For my own part, I would
willingly attribute to these causes the extraordinary ascendancy
which the press has acquired over the nation; but I do not think
that they exercise much influence on its language. The
periodical press appears to me to have passions and instincts of
its own, independent of the circumstances in which it is placed;
and the present condition of America corroborates this opinion.
America is perhaps, at this moment, the country of the
whole world that contains the fewest germs of revolution; but
the press is not less destructive in its principles there than
in France, and it displays the same violence without the same
reasons for indignation. In America as in France it constitutes
a singular power, so strangely composed of mingled good and evil
that liberty could not live without it, and public order can
hardly be maintained against it. Its power is certainly much
greater in France than in the United States, though nothing is
more rare in the latter country than to hear of a prosecution
being instituted against it. The reason for this is perfectly
simple: the Americans, having once admitted the doctrine of the
sovereignty of the people, apply it with perfect sincerity. It
was never their intention out of elements which are changing
every day to create institutions that should last forever; and
there is consequently nothing criminal in an attack upon the
existing laws, provided a violent infraction of them is not
intended. They are also of the opinion that court,, of justice
are powerless to check the abuses of the press, and that, as the
subtlety of human language perpetually eludes judicial analysis,
offenses of this nature somehow escape the hand which attempts
to seize them. They hold that to act with efficacy upon the
press it would be necessary to find a tribunal not only devoted
to the existing order of things, but capable of surmounting the
influence of public opinion; a tribunal which should conduct its
proceedings without publicity, which should pronounce its
decrees without assigning its motives, and punish the intentions
even more than the language of a writer. Whoever should be able
to create and maintain a tribunal of this kind would waste his
time in pros- ecuting the liberty of the press; for he would be
the absolute master of the whole community and would be as free
to rid himself of the authors as of their writings. In this
question, therefore, there is no medium between servitude and
license; in order to enjoy the inestimable benefits that the
liberty of the press ensures, it is necessary to submit to the
inevitable evils that it creates. To expect to acquire the
former and to escape the latter is to cherish one of those
illusions which commonly mislead nations in their times of
sickness when, tired with faction and exhausted by effort, they
attempt to make hostile opinions and contrary principles coexist
upon the same soil.
The small influence of the American journals is
attributable to several reasons, among which are the following:
The liberty of writing, like all other liberty, is most
formidable when it is a novelty, for a people who have never
been accustomed to hear state affairs discussed before them
place implicit confidence in the first tribune who presents
himself. The Anglo-Americans have enjoyed this liberty ever
since the foundation of the colonies; moreover, the press
cannot create human passions, however skillfully it may
kindle them where they exist. In America political life is
active, varied, even agitated, but is rarely affected by
those deep passions which are excited only when material
interests are impaired; and in the United States these
interests are prosperous. A glance at a French and an
American newspaper is sufficient to show the difference that
exists in this respect between the two nations. In France
the space allotted to commercial advertisements is very
limited, and the news intelligence is not considerable, but
the essential part of the journal is the discussion of the
politics of the day. In America three quarters of the
enormous sheet are filled with advertisements, and the
remainder is frequently occupied by political intelligence
or trivial anecdotes; it is only from time to time that one
finds a corner devoted to passionate discussions like those
which the journalists of France every day give to their
readers.
It has been demonstrated by observation, and discovered by
the sure instinct even of the pettiest despots, that the
influence of a power is increased in proportion as its direction
is centralized. In France the press combines a twofold
centralization; almost all its power is centered in the same
spot and, so to speak, in the same hands, for its organs are far
from numerous. The influence upon a skeptical nation of a public
press thus constituted must be almost unbounded. It is an enemy
with whom a government may sign an occasional truce, but which
it is difficult to resist for any length of time.
Neither of these kinds of centralization exists in
America. The United States has no metropolis; the intelligence
and the power of the people are disseminated through all the
parts of this vast country, and instead of radiating from a
common point they cross each other in every direction; the
Americans have nowhere established any central direction of
opinion, any more than of the conduct of affairs. This
difference arises from local circumstances and not from human
power; but it is owing to the laws of the Union that there are
no licenses to be granted to printers, no securities demanded
from editors, as in France, and no stamp duty, as in France and
England. The consequence is that nothing is easier than to set
up a newspaper, as a small number of subscribers suffices to
defray the expenses.
Hence the number of periodical and semi-periodical
publications in the United States is almost incredibly large.
The most enlightened Americans attribute the little influence of
the press to this excessive dissemination of its power; and it
is an axiom of political science in that country that the only
way to neutralize the effect of the public journals is to
multiply their number. I cannot see how a truth which is so
self-evident should not already have been more generally
admitted in Europe. I can see why the persons who hope to bring
about revolutions by means of the press should be desirous of
confining it to a few powerful organs, but it is inconceivable
that the official partisans of the existing state of things and
the natural supporters of the laws should attempt to diminish
the influence of the press by concentrating its power. The
governments of Europe seem to treat the press with the courtesy
which the knights of old showed to their opponents; having found
from their own experience that centralization is a powerful
weapon, they have furnished their enemies with it in order
doubtless to have more glory for overcoming them.
In America there is scarcely a hamlet that has not its
newspaper. It may readily be imagined that neither discipline
nor unity of action can be established among so many combatants,
and each one consequently fights under his own standard. All the
political journals of the United States are, indeed, arrayed on
the side of the administration or against it; but they attack
and defend it in a thousand different ways. They cannot form
those great currents of opinion which sweep away the strongest
dikes. This division of the influence of the press produces
other consequences scarcely less remarkable. The facility with
which newspapers can be established produces a multitude of
them; but as the competition prevents any considerable profit,
persons of much capacity are rarely led to engage in these
undertakings. Such is the number of the public prints that even
if they were a source of wealth, writers of ability could not be
found to direct them all. The journalists of the United States
are generally in a very humble position, with a scanty education
and a vulgar turn of mind. The will of the majority is the most
general of laws, and it establishes certain habits to which
everyone must then conform; the aggregate of these common habits
is what is called the class spirit (esprit de corps) of each
profession; thus there is the class spirit of the bar, of the
court, etc. The class spirit of the French journalists consists
in a violent but frequently an eloquent and lofty manner of
discussing the great interests of the state, and the exceptions
to this mode of writing are only occasional. The characteristics
of the American journalist consist in an open and coarse appeal
to the passions of his readers; he abandons principles to assail
the characters of individuals, to track them into private life
and disclose all their weaknesses and vices.
Nothing can be more deplorable than this abuse of the
powers of thought. I shall have occasion to point out hereafter
the influence of the newspapers upon the taste and the morality
of the American people, but my present subject exclusively
concerns the political world. It cannot be denied that the
political effects of this extreme license of the press tend
indirectly to the maintenance of public order. Individuals who
already stand high in the esteem of their fellow citizens are
afraid to write in the newspapers, and they are thus deprived of
the most powerful instrument that they can use to excite the
passions of the multitude to their own advantage.1
The personal opinions of the editors have no weight in the
eyes of the public. What they seek in a newspaper is a knowledge
of facts, and it is only by altering or distorting those facts
that a journalist can contribute to the support of his own
views.
But although the press is limited to these resources, its
influence in America is immense. It causes political life to
circulate through all the parts of that vast territory. Its eye
is constantly open to detect the secret springs of political
designs and to summon the leaders of all parties in turn to the
bar of public opinion.
It rallies the interests of the community round certain
principles and draws up the creed of every party; for it affords
a means of intercourse between those who hear and address each
other without ever coming into immediate contact. When many
organs of the press adopt the same line of conduct, their
influence in the long run becomes irresistible, and public
opinion, perpetually assailed from the same side, eventually
yields to the attack. In the United States each separate journal
exercises but little authority; but the power of the periodical
press is second only to that of the people.2 THE OPINIONS
established in the United States under the influence of the
liberty of the press are frequently more firmly rooted than
those which are formed elsewhere under the sanction of a censor.
IN the United States democracy perpetually brings new men
to the conduct of public affairs, and the administration
consequently seldom preserves consistency or order in its
measures. But the general principles of the government are more
stable and the chief opinions which regulate society are more
durable there than in many other countries. When once the
Americans have taken up an idea, whether it be well or ill
founded, nothing is more difficult than to eradicate it from
their minds. The same tenacity of opinion has been observed in
England, where for the last century greater freedom of thought
and more invincible prejudices have existed than in any other
country of Europe. I attribute this to a cause that may at first
sight appear to have an opposite tendency: namely, to the
liberty of the press. The nations among whom this liberty exists
cling to their opinions as much from pride as from conviction.
They cherish them because they hold them to be just and because
they chose them of their own free will; and they adhere to them,
not only because they are true, but because they are their own.
Several other reasons conduce to the same end.
It was remarked by a man of genius that "ignorance lies at
the two ends of knowledge." Perhaps it would have been more
correct to say that strong convictions are found only at the two
ends, and that doubt lies in the middle. The human intellect, in
truth, may be considered in three distinct states, which
frequently succeed one another.
A man believes firmly because he adopts a proposition
without inquiry. He doubts as soon as objections present
themselves. But he frequently succeeds in satisfying these
doubts, and then he begins again to believe. This time he has
not a dim and casual glimpse of the truth, but sees it clearly
before him and advances by the light it gives.3
When the liberty of the press acts upon men who are in the
first of these three states, it does not immediately disturb
their habit of believing implicitly without investigation, but
it changes every day the objects of their unreflecting
convictions. The human mind continues to discern but one point
at a time upon the whole intellectual horizon, and that point is
constantly changing. This is the period of sudden revolutions.
Woe to the generations which first abruptly adopt the freedom of
the press.
The circle of novel ideas, however, is soon traveled over.
Experience comes to undeceive men and plunges them into doubt
and general mistrust. We may rest assured that the majority or
mankind will always remain in one of these two states, will
either believe they know not wherefore, or will not know what to
believe. Few are those who can ever attain to that other state
of rational and independent conviction which true knowledge can
produce out of the midst of doubt.
It has been remarked that in times of great religious
fervor men sometimes change their religious opinions; whereas in
times of general skepticism everyone clings to his old
persuasion. The same thing takes place in politics under the
liberty of the press. In countries where all the theories of
social science have been contested in their turn, men who have
adopted one of them stick to it, not so much because they are
sure of its truth as because they are not sure that there is any
better to be had. In the present age men are not very ready to
die for their opinions, but they are rarely inclined to change
them; there are few martyrs as well as few apostates.
Another still more valid reason may be adduced: when no
opinions are looked upon as certain, men cling to the mere
instincts and material interests of their position, which are
naturally more tangible, definite, and permanent than any
opinions in the world.
It is a very difficult question to decide whether an
aristocracy or a democracy governs the best. But it is certain
that democracy annoys one part of the community and that
aristocracy oppresses another. It is a truth which is
self-established, and one which it is needless to discuss, that
"you are rich and I am poor."
Footnotes
1 They write in the papers only when they choose to address
the people in their own name; as, for instance, when they are
called upon to repel calumnious imputations or to correct a
misstatement of facts.
2 See Appendix P.
3 It may be doubted, however, whether this rational and
self-guiding conviction arouses as much fervor or enthusiastic
devotion in men as does their first dogmatical belief.
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