The Origins of a Free Press in Prerevolutionary ... - Web Publishing

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Despite the evidence undermining Mason’s claim of complete authorship of
the Virginia Declaration of Rights, many historians simply ignore the controversy
and continue to credit Mason with originating the free press article. This leads to
misunderstanding about its origins and thus misinterpretation of its original intent.
Anderson and Levy both credit Mason with the first constitutional protection of a
free press, and Levy erroneously notes: “The first free press clause, in the Virginia
Declaration of Rights, was the product of George Mason, the great planter and
amateur political theorist, who composed alone and without being confronted by
demands.” 156 In reality there was indeed pressure by the public as demonstrated in
the colonial newspapers of the period, and a committee, rather than a single
individual, responded to those pressures in creating the clause. In focusing on
Mason, Levy assumed great influence from the English constitution and legal
tradition, which Mason had studied. As Jeffery Smith noted, in contrast to Levy’s
findings, a libertarian ideology had developed in the colonies, supporting a broader
concept of press freedom. 157 As Larry Eldridge concluded, a liberty of expression
had been developing, and the colonists were exercising an expanded freedom to
criticize their government. 158 This research builds upon that understanding by
uncovering the underlying details about the authorship, the free press practices, and
a citizenry that had repeatedly called for increased press freedom.
Liberty of the press in Virginia had evolved from a limited right to one
valued and repeatedly defended on the pages of the local newspapers. Letters
publicly criticized efforts to stifle the press by government influence or seditious
libel actions. At least one newspaper contributor openly lobbied the committee
writing the new state constitution to include protection of the press. In June 1776,
156 Anderson, “Origins of the Press Clause,” 464. Levy, Press Clause, before fn 217.
157 J. Smith, Printers and Press Freedom, viii-7.
158 Eldridge, A Distant Heritage: The Growth of Free Speech in Early America (New York: NYU
Press, 1995), 1-3 and 137.