OPINION

DOGGETT, Justice.

We consider the scope of our state constitutional guarantee of freedom of expression. Keith Tucci, Randall Terry, Joseph Slovenic, Patrick Mahoney, Wendy Wright, Flip Benham, and Robert Jewitt were convicted of civil contempt for public protests in which each of them disregarded a provision of a temporary restraining order. As relators, they bring this original habeas corpus proceeding asserting that they have been confined for expression which is protected under article I, section 8 of the Texas Constitution.

I.

One cannot be punished for contempt for violating an order which a court has no authority to make.

215 S.W.2d at 597.

Underlying our state law is the principle that speech delayed often translates into speech denied. The Texas approach represents the converse of the federal collateral bar rule, which was relied upon in Walker v. City of Birmingham, 388 U.S. 307, 87 S.Ct. 1824, 18 L.Ed.2d 1210 (1967), to bar the release of Dr. Martin Luther King, Jr. and others from the Birmingham jail for disregarding unconstitutional restrictions upon their civil rights marches. Citizens must not "be muffled pending outcome of . . . proceedings" to dissolve an injunction, since

[t]he ability to exercise protected protest at a time when such exercise would be effective must be as protected as the beliefs themselves. . . . It is a flagrant denial of constitutional guarantees to balance away this principle in the name of "respect for judicial process." To preach "respect" in this context is to deny the right to speak at all.

388 U.S. at 349, 87 S.Ct. at 1847 (Brennan, J., dissenting). Nor is Texas alone in recognizing the unduly restrictive nature of a collateral bar rule. See, e.g., In re Berry, 68 Cal.2d 137, 65 Cal.Rptr. 273, 280, 436 P.2d 273, 280 (1968) (en banc); Wood v. Goodson, 253 Ark. 196, 485 S.W.2d 213, 217 (1972); State ex. rel. Superior Court v. Sperry, 79 Wn.2d 69, 483 P.2d 608, 611 cert. denied, 404 U.S. 939, 92 S.Ct. 272, 30 L.Ed.2d 252 (1971); Phoenix Newspapers, Inc. v. Superior Court, 101 Ariz. 257, 418 P.2d 594, 596 (1966).

II.

Each Relator was fined $500 and committed to the Harris County jail for six months or for a lesser time if purged of contempt by paying the fine and announcing in open court a willingness to abide by the restraining orders. All seven sought habeas relief, asserting that the contempt judgment by which they were incarcerated was based upon a void, unconstitutional temporary restraining order. After the court of appeals denied relief, this court ordered Relators released upon bond.

III.

In support of the temporary restraining orders, it was asserted that clinic demonstrations posed an immediate and irreparable threat to the ability of women to seek counseling at the clinics and, if desired, to obtain abortion-related services without intimidation, threats of violence, harassment or physical obstruction. A woman's right to terminate a pregnancy is constitutionally protected. Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). We have found merit in the reasoning of this decision in recognizing our own independent right of privacy under the Texas Constitution in Texas State Employees Union v. Texas Dep't of Mental Health and Mental Retardation, 746 S.W.2d 203, 205 (Tex. 1987) (citing Roe ); see also Diamond Shamrock Ref. and Mktg. Co. v. Mendez, 844 S.W.2d 198, 203 (Hightower, J., concurring) (emphasizing the imperative nature of the right to privacy under the Texas Constitution); Amy Johnson, Abortion, Personhood, and Privacy in Texas, 68 Tex.L.Rev. 1521 (1990). Without unimpaired access to appropriate counseling and medical facilities, a woman's constitutional guarantee of choice would be no choice at all.

Additionally, the clinics and intervenor businesses claimed injury would result from trespasses, blocked access and the intimidation of patients, staff and customers. This court has recognized that "[c]onstitutional protection of the rights of free speech and assembly does not license . . . obstruction of public ways or of entrances to and exits from places of business." Ex Parte Pierce, 342 S.W.2d at 427.

Uncontroverted evidence offered in support of the temporary restraining orders established that the threat of injury posed by Operation G.O.P. to the women plaintiffs' right of access to the clinics and to the ability of clinics and businesses to operate was both imminent and irreparable.

IV.

The trial court issued two temporary restraining orders containing a number of provisions clearly directed to protecting against the specific injuries alleged by the women, clinics and businesses. Access was assured by injunctive relief that barred:

[t]respassing on, physically invading, entering without consent, damaging, sitting in, blocking, impeding or obstructing access to, ingress into or egress from any part of the Planned Parenthood facility . . ., including the entrances and exits, the parking lots . . ., and any of the clinic's or parking lots' entrances and driveways.

To ensure access to the facilities in question, the trial judge further enjoined "obstructing or interfering in any way with the entrance or exit of pedestrian or vehicle traffic to or from this one block of Berry Street." Additionally, the temporary restraining orders contained four independent provisions to guard against intimidation and harassment that prohibited:

Demonstrating within twenty-five (25) feet of any person seeking access to or leaving the clinic, its parking lots, or intervenors' businesses or parking lots, or in any way impeding such person's entrance to or exit from the clinic, parking lots or businesses;

Physically abusing, grabbing, intimidating, harassing, touching, pushing, shoving, or crowding persons entering or leaving, working at, or using any services at Planned Parenthood's above-referenced facility or at the intervenors' businesses;

Harassing, intimidating or physically abusing any doctor, health care professional, or other staff member, employee or volunteer who assists in the provision of services at the Planned Parenthood facility; and

Making any sound or noise (whether by mechanical loudspeaker, sound amplification device or otherwise) that is so loud that it disturbs, injures, or endangers the health or safety of any patient or staff person of the . . . facility.

The contempt convictions were not, however, based on violations of these provisions drawn to protect against specific injuries. Rather, confinement of relators was premised solely on their having disregarded portions of the temporary restraining orders that barred:

Demonstrating within one-hundred (100) feet from either side of or in front of any doorway entrance or exit, parking lot, parking lot entrance or exit, driveway, or driveway entrance or exit at [any of the] clinics[s] or parking lots.

Relators thus do not attack any of the other provisions of the restraining orders but challenge only the one-hundred foot limitation as unconstitutional.

V.

In reviewing the validity of the particular one-hundred foot limitation in these orders, we must look first to our Texas Constitution. See Davenport v. Garcia, 834 S.W.2d 4, 12 (Tex. 1992). With its broad command that "`[e]very person shall be at liberty to speak . . . opinions on any subject,' article one, section eight . . . provides greater rights of free expression than its federal equivalent." Id. at 10. "[I]ts language demonstrates Texas' strong and longstanding commitment to free speech." Id. at 7.

Relying upon this fundamental state guarantee, our courts have repeatedly rejected both legislative and judicial attempts to restrict expression. The earliest writings are those of our sister court, the Texas Court of Criminal Appeals. In granting habeas relief to an arrested news dealer, that court declared violative of article I, section 8 an ordinance of the City of Seguin forbidding the sale of a particular Chicago newspaper:

The power to suppress one concedes the power to suppress all. . . . The doctrine of the constitution must prevail in this state, which clothes the citizen with liberty to speak, write, or publish his opinion on any and all subjects.

Ex parte Neill, 32 Tex.Crim. 275, 22 S.W. 923, 924 (1893). In Ex parte Foster, 44 Tex.Crim. 423, 71 S.W. 593 (1903), the same constitutional guarantee precluded a judicial attempt to suppress publication of testimony in a murder trial by the editor of the Houston Chronicle. See also Ex parte McCormick, 129 Tex.Crim. 457, 88 S.W.2d 104 (1935). In striking down a Disloyalty Act adopted during World War I, the court similarly emphasized that "the use of [particular] language per se [cannot be made] a felony . . . without offending against [this] provision of the Bill of Rights." Ex parte Meckel, 87 Tex.Crim. 120, 220 S.W. 81, 84 (1920).

In our civil jurisprudence, the "constitutional guaranty of liberty of speech" was accorded early respect, precluding an injunction to restrain publication of a libel. Mitchell v. Grand Lodge Free Accepted Masons, 56 Tex. Civ. App. 306, 121 S.W. 178, 179 (Dallas 1909, no writ). Our court's first use of section eight to safeguard speech came in Ex parte Tucker, 110 Tex. 335, 220 S.W. 75, 76 (1920), where habeas relief was accorded to one held in contempt for violating an injunction by making "slanderous epithets to the female telephone operators" during a labor dispute. In thereafter refusing to enjoin publication of an alleged libelous article, the court in Strange v. Biggers, 252 S.W. 826 (Tex.Civ.App. — Dallas 1923, no writ), declared that

freedom of speech will necessarily end when supervision by a court of equity of the expressions and sentiments of the individual is allowed to begin.

See also Pirmantgen v. Feminelli, 745 S.W.2d 576, 579 (Tex.App. — Corpus Christi 1988, no writ) (holding unconstitutional injunction barring dissemination of allegedly libelous letter).

Consistent with this jurisprudence and the history of our state constitution, this court announced in Davenport that restrictions must be targeted at the effect of expression rather than at the expression itself. There, "an imminent and irreparable harm to the judicial process [that] deprive[s] litigants of a just resolution of their dispute" was determined to be the effect of expression to which a judicial order could be directed. 834 S.W.2d at 10. Second, we emphasized the need to ensure that any limitation "represents the least restrictive means to prevent that harm[ful effect.]" Id.

That same standard controls here. Freedom of expression may not be restricted solely on grounds that its exercise will have the effect of producing imminent and irreparable harm. Restraints may be imposed only if the injunctive relief granted encompasses the least restrictive means of protecting against the alleged harmful effect. In resolving both whether the alleged effect was imminent and irreparable and whether the temporary injunctive relief granted here was the least restrictive means to prevent that harm, we look to the injury asserted, the relief requested, and the underlying evidence.

IV.

Encompassed within this large "speech-free" zone around each of the clinics was not just clinic property and the area immediately in front of entrances and exits of the clinics and their parking lots, but public streets and sidewalks as well. This restriction had the effect of closing to protestors during the Republican Convention the entire city block on which the Planned Parenthood clinic was located, and displacing them across several of Houston's busiest streets. The one-hundred foot limitation similarly barred protests during this critical time on public streets and sidewalks near the other clinics.

The one-hundred foot speech-free zone provision of the temporary restraining order here bears a striking resemblance to that at issue in Ex Parte Henry prohibiting strikers from picketing "on, across, at or near or within 100 feet of the railroad tracks" being used to transport freight into their employer's plant. 215 S.W.2d at 590. In voiding that injunction, this court concluded that

So long as the pickets did not physically obstruct the spur tracks and thereby nullify or seriously impair the right of the railways to use the street, they had the same right to use the streets as the railways had.

Id. at 597. Unless such a restriction is proved to be the least restrictive means of guarding against an irreparable and imminent injury, it is an impermissible infringement on our state constitutional right of free expression. While the one-hundred foot limitation here, simply by the mere fact of distance, might have had the general effect of preserving clinic access and protecting patients, staff and customers against intimidation and harassment, it was not proved at the trial court hearing that this large zone was the least restrictive means for guarding against these injuries. Although a map of the Planned Parenthood facility was referred to at the hearing on the restraining orders, it was not admitted into evidence. As to the other clinics, no evidence was offered regarding their location and physical facilities. It was recognized at the hearing that these varied widely, from free-standing buildings on heavily travelled city streets to smaller facilities in high-rise offices.

Those opposing the one-hundred foot speech free zone argued to the trial court that it was not tailored to the circumstances of each individual clinic. Rather than offering specific evidence justifying a particular distance for each clinic, those seeking the restraint urged a uniform restriction for "administrative convenience." As our sister court has noted, "the argument of convenience can have no weight as against those safeguards of the constitution which were intended by our fathers for the preservation of the rights and liberties of the citizen." Ex parte McCormick, 88 S.W.2d at 107. Nor was it shown that the other provisions of the temporary restraining orders provided inadequate protection. In fact, the parties seeking injunctive relief were not even in agreement as to the necessity of the one-hundred foot limitation; the State of Texas maintained that a thirty-foot zone was adequate to protect against any threatened injury.

Given the potential harmful impact of Relator's demonstrations on the fundamental constitutional right of privacy of women desiring access to these clinics, her decision to grant emergency relief is understandable. However, our state constitution requires that we enforce its stringent preference for freedom of expression even for those who advocate interference with other constitutional rights. Without specific findings supported by evidence that the 100-foot speech-free zone was the least restrictive means to ensure unimpeded access to clinics and guard against intimidation and harassment, we hold that this limitation in the restraining orders violates article I, section 8 of the Texas Constitution.

Throughout the nation, peaceful anti-abortion picketing has given way to increasing incidents of violence, vandalism and trespass, as well as blockading of clinic entrances denying women their right to seek reproductive health services, including abortions. Effective injunctive relief is available to protect against these harms. There may well be situations in which prohibiting demonstration within a limited area is essential to protecting a woman's right to choose whether to have an abortion. Here, though, the limited record before the trial judge at the hearings on temporary restraining orders did not support a one-hundred foot ban on speech. We should not be understood as saying the trial judge could not, following a more complete evidentiary hearing on permanent injunction, impose restrictions around the Houston clinics, either using a limited geographical ban on activity or restricting the number of protestors. Every such restriction must, however, be justified by a proper evidentiary showing that such measures are essential to preserve the right of clinic access, and that each satisfies fully the standard we have required under the Texas Constitution.

A least restrictive means requirement ensures that, when a variety of methods are available to prevent harm, our constitution commands the use of that approach which is least intrusive as to individual liberties. The West Virginia Supreme Court has similarly recognized that its "state constitutional free speech provisions would certainly compel" the use of a "less restrictive alternatives" analysis. West Virginia Citizens Action Group, Inc. v. Daley, 174 W. Va. 299, 324 S.E.2d 713, 725 (1984). Nor does this requirement differ significantly from the appropriate interpretation of the meaning of "narrowly tailored" under the better reasoned federal jurisprudence. See, e.g., Project 80's, Inc. v. City of Pocatello, 876 F.2d 711 (9th Cir. 1989); Pursley v. City of Fayetteville, 820 F.2d 951 (8th Cir. 1987); City of Wateska v. Illinois Public Action Council, 796 F.2d 1547 (7th Cir. 1986), aff'd mem., 479 U.S. 1048, 107 S.Ct. 919, 93 L.Ed.2d 972 (1987); Wisconsin Action Coalition v. City of Kenosha, 767 F.2d 1248 (7th Cir. 1985); Association of Community Org. for Reform Now v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983).

The eventual, unfortunate repudiation of this protective standard by the United States Supreme Court in Ward v. Rock Against Racism, 491 U.S. 781, 798-99, 109 S.Ct. 2746, 2757-58, 105 L.Ed.2d 661 (1989), has justifiably met with criticism. By now merely requiring that the means chosen "promotes a substantial government interest that would be achieved less effectively " otherwise, id. at 799, 109 S.Ct. at 2758 (emphasis supplied), that Court tolerates rather substantial adverse effects on speech if masked as directed to some purported goal other than suppression. This lesser standard dilutes constitutional speech protections and assures that there will be "trampl[ing] on the rights of others": those who express unpopular views.

Unless alternative methods of protecting against harm are considered, courts cannot evaluate whether the means selected are narrowly directed to that objective. See id. at 806, 109 S.Ct. at 2762 (Marshall, J., dissenting). As explained by the commentator upon whom Justice Gonzalez relies, 859 S.W.2d at 59-60 (Gonzalez, J., concurring), consideration of less restrictive alternatives "is relevant to deciding whether government has in fact left too little opportunity for communicative activity, whether for speakers or for listeners." Laurence H. Tribe, American Constitutional Law § 12-23 (2d ed. 1988).

To provide speech the full protection guaranteed by article I, section 8, our evaluation of restrictions must consider whether the method of preventing harm constitutes the least restrictive means. In concurring in today's judgment, despite their protestations to the contrary, Justice Gonzalez and Chief Justice Phillips do, in fact, evaluate lesser intrusive means of preventing harm in determining whether the 100-foot speech-free zone may be upheld. Both note, as do I, the other less restrictive provisions of the trial court's temporary order which appear designed to protect the right of clinic access. It is preferable, however, not just to employ a least restrictive means analysis here, but to reaffirm it clearly as an essential element of our jurisprudence. This ensures more consistent judicial consideration that cannot waver depending on a judge's personal approval or disapproval of the message that has been restricted.

Today our court continues to favor the growth and enhancement of freedom not its constraint. The fact that vigorous debate of public issues in our society may produce speech considered obnoxious or offensive by some is a necessary cost of that freedom. Our Constitution calls on this court to maintain a commitment to expression that is strong and uncompromising for friend and foe alike.

Accordingly, Relators remain discharged.

Concurring opinion by PHILLIPS, C.J., joined by CORNYN, J.

Concurring opinion by GONZALEZ, J.

Dissenting opinion by HECHT, J., joined by ENOCH, J.

DOGGETT, Justice.

APPENDIX IResponse to Concurrence of Chief Justice Phillips

Today at least five members of this Court continue to subscribe to the broad conception of individual liberty guaranteed under our state constitution and embodied in Davenport v. Garcia, 834 S.W.2d 4 (Tex. 1992, orig. proceeding). While requiring a mere nine paragraphs to explain his own rationale for agreeing with the judgment entered today, Chief Justice Phillips writes at length about a guarantee of the Texas Constitution that he then chooses to ignore completely, since he is personally unable "to articulate its meaning with confidence." 859 S.W.2d at 33. Instead, he prefers to resolve this case solely on federal constitutional grounds which are "more familiar" to him. Id.

Rejecting the views of both this plurality and Justice Gonzalez regarding the import of Davenport for the instant case, his expansive writing addresses issues that even he concedes "would be folly to attempt to resolve here." Id. at 16 n. 1. His search for "astonishing errors" in Davenport, id. at 28, is, itself, rather astonishing. In his zeal to dissent from each and every underpinning of that decision, Chief Justice Phillips goes to the extreme of questioning support for the court's observations that "[f]rom the outset of this state's history, freedom of expression was a priority." id. at___ (quoting Davenport, 834 S.W.2d at 7), and that

The authoritarianism and unresponsiveness of Mexico to [certain] attempts to exercise and establish protection of free speech were a contributing factor to Texas' revolution and independence.

Refusing to acknowledge the early commitment of Texans to freedom embodied in their Proposed Constitution for the State of Texas (1833), see id., Chief Justice Phillips disregards experiences that shaped their concerns including Mexican appropriation of printing presses brought to Texas, a mandated printer's oath "not to disturb the peace," instructions by the Commandant at Bexar to "prevent the enemies of order from circulating reports" and attempted military censorship of newspaper comment on "odious and noisy questions" about the conduct of governmental affairs.

Indeed, our Texas Declaration of Independence emphasizing that the Mexican government had removed "even the semblance of freedom," complained that the expression of the citizenry in the form of "petitions and remonstrances" had not only been disregarded but that spokesmen like Stephen F. Austin had been "thrown into dungeons." Austin, himself, had previously called for "an inviolable guarantee of liberty of speech." He contended that

A free press was the battery, pen and ink the small arms, and sound principles the balls and shells with which well disseminated and united public opinion [could]

beat down aristocratic privilege and abuse.

When such efforts proved unavailing, and as a basis for "exhort[ing] every citizen to march as soon as possible" so that Texas "be freed from military despots before it is closed," he also, as Chairman of a Committee of Safety, in a Circular to the public protested that the Mexican government had "suppressed, by military influence, the expression of public opinion."

This history is, of course, ignored in today's attack on the court's prior writing in Davenport, as is the call for a "full, clear, and comprehensive bill of rights" in the earlier Declaration of Independence, made at Goliad on December 20, 1835. This call was answered shortly thereafter in 1836 with the adoption of the Declaration of Rights in the Constitution of the Republic of Texas. It is the freedom of expression guarantee of Section 4 of this Declaration to which the court in Davenport referred in concluding that

Rather than a restriction on governmental interference with speech such as that provided by the First Amendment of the United States Constitution, Texans chose from the beginning to assure the liberties for which they were struggling with a specific guarantee of an affirmative right to speak.

834 S.W.2d at 7-8.

But Chief Justice Phillips will have none of this. There is nothing unique about Texas, he insists. In defiance of the historical record, he insists that there is simply insufficient repetition by the Texans of the revolutionary era in asserting their concerns about liberty and claims an interest in this vital subject must be confined to one man, Stephen F. Austin, long revered as the father of Texas. 859 S.W.2d at 30. Any fair analysis of our history justifies our reading of it in Davenport; the desire for freedom of expression was hardly limited to one man or one document. So devoid of historical support is Chief Justice Phillips that he must cite to an article whose very title contradicts his opinion and speaks to what is special about this state — Rampant Individualism in the Republic of Texas. In fact, that study heralds

a widespread passion for freedom of speech, which the motto of the Matagorda Colorado Herald further exemplified: "Give me liberty to know, to utter, and to argue freely, above all liberties."

He prefers to denigrate the work of the Texas drafters of that same era on the unusual grounds that they must have considered the constitutional experience of others and because the strong language they chose in 1836 did not attract the enthusiasm of one historian a century later. Certainly Texans did not live wholly isolated from the rest of the world and human experience in 1836, 1845, or 1876, nor do they now. Of course, there are others here and abroad who have made enormous contributions to freedom. The question resolved by the court in Davenport and addressed once again today is whether the Texas judiciary will contribute to that effort with independent decisionmaking or serve only to parrot the thinking of an omniscient federal judiciary on every civil liberties question.

Not content to disparage only the first clause of article I, section 8 on which Davenport centered, Chief Justice Phillips extends his criticism to the second as well:

[A]nd no law shall ever be passed curtailing a liberty of speech, or of the press.

Though aware that such wording was not commonly employed elsewhere at the time of its original adoption in Texas, Chief Justice Phillips immediately assumes that our Texas founders were simply penning platitudes rather than constitutional guarantees. 859 S.W.2d at 22-23. He refuses to accord any significance to this clause, first incorporated by Texans in 1836, because of differing amendments rejected at the Pennsylvania Constitutional Convention of 1790 and the Texas Reconstruction Convention of 1868. As to the latter, it is difficult to see how the rejection of an amendment offered by a delegate "who voted with the Radical Republicans" to strike this clause constitutes "at least circumstantial evidence" of anything.

Passing quickly over the particular wording of that part of article I, section 8 applicable here and in Davenport, Chief Justice Phillips instead dissects another largely uninterpreted clause. 859 S.W.2d at 23. In order to dilute our state constitutional free speech guarantee, this concurrence focuses almost exclusively on constitutional language dealing with libel actions. See, e.g., id. at 28 (deriding as a "curious conclusion" Davenport's reference to Texas' early commitment to freedom of speech, since the constitution also "in common with most American state constitutions, expressly recognized criminal libel prosecutions"); id. at 25 (condemning the Court's "characterizing" of the 1875 Convention with regard to resolutions containing a truth defense in libel actions). The law of defamation is now declared the superior lens through which the Texas commitment to freedom of expression must be viewed. Not only did this Court in Davenport fail to appreciate the marvels of this wonderful looking glass, but Chief Justice Phillips also notes the similar failings of those other state courts that have "deemed their free expression clauses broader than the corresponding federal guarantee." Id. at n. 24.

While irrelevant to any of the parties before us, a review of the Texas law of libel is absolutely essential to the concurrence; without it, an argument could never be made that "proponents of free expression died hard" in Texas nor the quite extraordinary assertion that

[by] 1876, Texas, at least from a constitutional standpoint, was no longer on the cutting edge of free expression; it was not even in the mainstream.

859 S.W.2d at 25. Such claims hardly comport with the reality of nineteenth century Texas in which the ordinary newspaper editor has been described as disposed

to discuss public men and public measures with the utmost freedom, to denounce without restraint what he believed to be wrong, and to advocate with vigor and fervor what he conceived to be right.

Only during the period of reconstruction that followed the Civil War and immediately preceded the 1876 Convention was the Texas editor

confronted by the unaccustomed fact that the frank expression of his opinions as to public policy and the acts of those in authority was liable to be construed as treason.

Interestingly, Chief Justice Phillips's primary expert on our state's history of freedom of expression is the occupying Union General during Reconstruction, who advances the quite preposterous claim that such freedom "ha[d] never existed in Texas," 859 S.W.2d at 31 (quoting General J.J. Reynolds, November 4, 1868). This wholly unsupported assertion contrasts with the decision of even the delegates to the Reconstruction Convention of 1868 to reject conformity of our Texas Bill of Rights with the Federal Bill of Rights.

We are told that our Texas guarantee of freedom of expression is but a poor copy of an earlier Pennsylvania Constitution. 859 S.W.2d at 21 (citing Pa. Const. art. IX, § 7 (1790) as "the paradigm for the Texas guarantees"). Even were it true that our forbears simply copied identical language from the federal constitution or that of another state, that does not mean that they accepted the identical meaning attached by that other forum, either then or now. But in this particular instance, what we are not told is that the Pennsylvania courts have regularly interpreted this language as "independently protect[ing]" expression, William Goldman Theaters, Inc. v. Dana, 405 Pa. 83, 173 A.2d 59 (1961), and as "even more protective of speech than the federal Constitution." Franklin Chalfont Assoc. v. Kalikow, 392 Pa. Super. 452, 573 A.2d 550, 556 (1990); see also Commonwealth v. Tate, 495 Pa. 158, 432 A.2d 1382 (1981). Nor are they alone. Almost a century ago wording similar to that contained in article I, section 8 was described as "terse and vigorous" and "broader" than the comparable federal provision with which it "varies" and as "giv[ing] [citizens] greater liberty in the exercise of the right granted." Dailey v. Superior Court, 112 Cal. 94, 44 P. 458, 459 (1896). The highest court of another state to whose constitutional language on freedom of expression Chief Justice Phillips refers has reached the same conclusion. See O'Neill v. Oakgrove Construction, Inc., 71 N.Y.2d 521, 528 N.Y.S.2d 1, 4-6, 523 N.E.2d 277, 280-82 (1988). Indeed, what he demands today is not so much the imposition of Pennsylvania constitutional language but the minority approach to interpreting that language, which that very state has rejected.

The consternation expressed in today's concurrence is hardly limited to Davenport; what really seems to upset Chief Justice Phillips is a decade of important related jurisprudence. Both this court and our sister court, the Court of Criminal Appeals have recognized the independent vitality of our Texas Constitution rather than relying exclusively on the federal judiciary. See, e.g., LeCroy v. Hanlon, 713 S.W.2d 335, 338-39 (Tex. 1986); In re Baby McLean, 725 S.W.2d 696, 698 (Tex. 1987); Sax v. Votteler, 648 S.W.2d 661, 664 (Tex. 1983); Heitman v. State, 815 S.W.2d 681, 690 (Tex.Crim.App. 1991). He repudiates the rationale of all of these opinions.

Additionally Chief Justice Phillips declares these rulings of our highest Texas courts "simply wrong" in describing a federal constitutional floor for individual liberties, which the states may equal or exceed with a ceiling — a greater level of protection. 859 S.W.2d at 32. When both federal and state constitutional claims are raised, a state court may not, under the supremacy clause, U.S. Const. art. VI, cl. 2, afford less protection to individual rights than that guaranteed by our national Bill of Rights. In that sense, the prior writings of this court are fully accurate regarding a "federal safety net" — a floor for our liberties and a potentially higher state ceiling. It is also true that an independent state judiciary may interpret its fundamental law as affording less protection than our federal charter. Chief Justice Phillips prefers the latter. In his view not only does our state charter fail to offer a more expansive ceiling for broader freedoms but it fails even to offer a floor.

Chief Justice Phillips insists that the poor wording selected by the Texas frontiersmen provides even less protection than those guarantees found elsewhere, 859 S.W.2d at 31; apparently our State Constitution offers only superfluous subflooring for individual rights. In essence his position is that anything not already written about the scope of freedom of expression can best be obtained from Washington. The possibility that state jurists have the capacity for thoughtful, independent consideration of even identical constitutional language is not even a conceivable possibility. Fortunately our court continues to reject this view. Rather we agree that our own constitutional guarantees must be

truly independent of the rising and falling tides of federal case law both in method and in specifics. State courts cannot abdicate their responsibility for these independent guarantees, at least not unless the people of the state themselves choose to abandon them and entrust their rights entirely to federal law.

State v. Kennedy, 295 Or. 260, 666 P.2d 1316, 1323 (1983). Lost in the discussion of the law of Blackstone, of defamation and the federal courts, Chief Justice Phillips forgets that "[h]istorical analysis is only a starting point" for understanding our Constitution; "[i]n no way must our understanding of its guarantees be frozen in the past." Davenport, 834 S.W.2d at 19. Our Texas Constitution is not a collection of meaningless paper promises, mere surplusage to the federal guarantees. Rather we as jurists are summoned to give effect to its terms whenever liberty is threatened.

A state court that dares to give such independent meaning to the fundamental governing law adopted by its citizens assures only "five justices' ephemeral notion of the greater good," 859 S.W.2d at 32. A federal court only "do[es] good" and must be copied. A state court that assures greater liberty rights for its citizens must necessarily be in the "grab bag" business of "result oriented pronouncements;" a federal court only gets the right result with the right reasoning. Id. This is the essence of the view urged with such vehemence by Chief Justice Phillips in an attack not limited to the five jurists with whom he differs today, but aimed more generally at the disavowal of prior Texas rulings upholding state constitutionalism as well as those other state courts that have "deemed their free expression clauses 'broader' than the corresponding federal guarantee." Id. at 32 n. 34; see also supra text accompanying n. 22. Chief Justice Phillips is more than willing to find fault with attempts to recognize our state constitution as a separate, firm basis for our liberties, but wholly reluctant to assist in a "principled articulation" and application of its terms. Id. at 32. To him, only the possibility that our state judiciary may interpret our state charter as affording less protection than the federal affords any hope "of principled state constitutional development." Id. at 32 n. 34 (offering a rare line of praise for my opinion because of its acknowledgement that a state constitution could conceivably offer less protection).

The concurrence naturally derides as a "false construct," Id. at 33, the sound reasons relied upon by this court in Davenport, 834 S.W.2d at 17-19, to justify looking first to our state constitution. His broadside is further extended to a most accurate summary of the facts here while failing to identify a single, specific shortcoming in that recitation. 859 S.W.2d at 33-36 Chief Justice Phillips then concludes by copying not only the reasoning but the buzzwords of his sole "commentator" on "result-oriented pronouncements" — Justice Hecht's concurrence in Davenport — of which only a more verbose replay has been provided today. Id. at 37. A new claim that our constitution has been treated as "a handy grab bag" and old charges of "case-by-case activism" and "unseemly chauvinism," id., — charges directed at the just pride that this court has taken in our unique Texas heritage, our Texas Constitution, and our Texas jurisprudence — have been answered fully in Davenport:

In interpreting our constitution, this state's courts should be neither unduly active nor deferential; rather, they should be independent and thoughtful in considering the unique values, customs, and traditions of our citizens. . . .

While reflecting local concerns and assuring local accountability, reliance by this court on our own constitution allows Texas to have a meaningful voice in developing this nation's jurisprudence. . . .

As a state court, sitting in Texas, our expertise is in Texas law, our judges are Texas citizens and members of the Texas Bar, and our concerns are Texas concerns. If we simply apply federal law in all cases, why have a Texas Supreme Court?. . . .

. . . [C]onsistent with the very diversity that supplies strength to our union, we build from experience in Texas and elsewhere to enhance individual liberty. . . .

. . . [W]e accept today . . . the responsibility to conduct a thoughtful, complete, and independent search for a sound understanding of our most fundamental state law.

834 S.W.2d at 18, 19, 20, 22, 23. Hopefully an eventual willingness of all members of this Court to accept this responsibility will produce considerably "more substantial" efforts in the future. 859 S.W.2d at 37. All that remains "flawed" today is not the "methodological framework" of Davenport, id., but the unwillingness of four justices on this court to honor and protect it.

DOGGETT, Justice.

APPENDIX COMPENDIUM OF STATE FREE SPEECH CLAUSES

ALABAMA 1819

(effective Dec. 14, 1819)

Art. I, § 8: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. VI, § 14: In prosecutions for the publishing of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the courts.

1861

(effective Mar. 21, 1861)

Same as 1819 provisions.

1865

(effective Sept. 30, 1865)

Art. I, § 5: That every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 13: That in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court.

1867

(effective July 13, 1868)

Art. I, § 6: That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 14: That in prosecution for the publication of papers investigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court.

1875

(effective Dec. 6, 1875)

Art. I, § 5: Same as Art. I, § 6 (1867).

Art. I, § 13: That in prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel the jury shall have the right to determine the law and the facts under the direction of the court.

1901

(effective Nov. 28, 1901) (present)

Art. I, § 4: That no law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 12: That in all prosecutions for libel or for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court.

ALASKA1956

(effective Jan. 3, 1959) (present)

Art. I, § 5: Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

ARIZONA1910

(effective Feb. 14, 1912) (present)

Art. II, § 6: Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

ARKANSAS1836

(effective June 15, 1836)

Art. II, § 7: That printing-presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject — being responsible for the abuse of that liberty.

Art. II, § 8: In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have the right to determine the law and the facts.

1861

(effective June 1, 1861)

Same as 1836 provisions.

1864

(effective Apr. 11, 1864)

Art. II, § 7: That printing-presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print, on any subject — being responsible for the abuse of that liberty.

Art. II, § 8: In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence, and in all indictments for libels, the jury shall have the right to determine the law and the facts.

1868

(effective June 22, 1868)

Art. I, § 2: The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

1874

(effective Oct. 13, 1874) (present)

Art. II, § 6: The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted.

CALIFORNIA1849

(effective Sept. 9, 1850)

Art. I, § 9: Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1879

(effective May 7, 1879)

Art. I, § 9: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause.

Present

(1879 as amended June 3, 1980)

Art. I, § 2(a): Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

Art. I, § 2(b): A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

As used in this subdivision, "unpublished information" includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated.

COLORADO1876

(effective Aug. 1, 1876) (present)

Art. II, § 10: That no law shall be passed impairing the freedom of speech; that every person shall be free to speak, write, or publish whatever he will on any subject, being responsible for all abuse of that liberty; and that all suits and prosecutions for libel, the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.

CONNECTICUT1776*

(effective Aug. 1776)

Para. 2: And be it further enacted and declared, That no Man's Life shall be taken away: No Man's Honor or good Name shall be stained. . . .

1818

(effective Nov. 1818)

Art. I, § 5: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 6: No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

Art. I, § 7: In all prosecutions or indictments for libels the truth may be given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court.

1955

(effective Jan. 1, 1955)

Art. I, § 5: Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 6: No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

Art. I, § 7: In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court.

1965

(effective Dec. 30, 1965) (present)

Art. I, §§ 4, 5, and 6 same as Art. I, §§ 5, 6, and 7 (1955).

DELAWARE

1776*

(effective Sept. 20, 1776)

Declaration of Rights and Fundamental Rules, § 23: That the Liberty of the Press ought to be inviolably preserved.

1792

(effective June 12, 1792)

Art. I, § 5: The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury may determine the facts and the law, as in other cases.

1831

(effective Dec. 2, 1831)

Art. I, § 5: The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity, and any citizen may print on any such subject, being responsible for the abuse of that liberty. In prosecutions for publications investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases.

1897

(effective June 10, 1897)(present)

Art. I, § 5: The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases.

FLORIDA

1838

(effective Mar. 3, 1845)

Art. I, § 5: That every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty; and no law shall ever be passed to curtail, abridge, or restrain the liberty of speech or of the press.

Art. I, § 15: That in all prosecutions and indictments for libel the truth may be given in evidence; and, if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

1861

(effective Apr. 27, 1861)

Same as 1838 provisions.

1865

(effective Nov. 7, 1865)

Art. I, § 5: That every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty; and no law shall be passed to curtail, abridge, or restrain the liberty of speech or of the press.

Art. I, § 15: That in all prosecutions and indictments for libel, the truth may be given in evidence; and, if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be the judges of the law and facts.

1868

(effective July 4, 1868)

Art. I, § 10: Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published from good motives, the party shall be acquitted or exonerated.

1885

(effective June 1, 1887)

Art. I, § 13: Every person may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published for good motives, the party shall be acquitted or exonerated.

1969

(effective Jan. 1, 1969) (present)

Art. I, § 4: Every person may speak, write and publish his sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.

GEORGIA

1777*

(effective Feb. 5, 1777)

Art. LXI: Freedom of the press and trial by jury to remain inviolate forever.

1789

(effective May 6, 1789)

Art. IV, § 3: Freedom of the press and trial by jury shall remain inviolate.

1798

(effective May 30, 1798)

Art. IV, § 5: Freedom of the press, and trial by jury, as heretofore used in this State, shall remain inviolate; and no ex post facto laws shall be passed.

1861

(effective Aug. 1861)

Art. I, § 8: Freedom of thought and opinion, freedom of speech, and freedom of the press, are inherent elements of political liberty. But while every citizen may freely speak, write and print, on any subject, he shall be responsible for the abuse of that liberty.

1865

(effective Dec. 1865)

Art. I, § 6: Freedom of speech, and freedom of the press, are inherent elements of political liberty. But while every citizen may freely speak or write or print on any subject, he shall be responsible for the abuse of the liberty.

1868

(effective June 25, 1868)

Art. I, § 9: Freedom of speech and freedom of the press are inherent elements of political liberty. But while every citizen may freely speak, or write, or print on any subject, he shall be responsible for the abuse of the liberty.

Art. I, § 19: In all prosecutions or indictments for libel the truth may be given in evidence, and the jury shall have the right to determine the law and the facts.

1877

(effective Dec. 1877)

Art. I, § 1, para. 15: No law shall ever be passed to curtail, or restrain, the liberty of speech, or of the press; any person may speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Art. I, § 2, para. 1: In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the Judges to grant new trials in cases of conviction, is preserved.

1945

(effective Dec. 1945)

Art. I, § 1, para. 15: No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.

Art. I, § 2, para. 1: In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials, in cases of conviction, is preserved.

1976

(effective Jan. 1, 1977)

Art. I, § 1, para. 4: Same as Art. I, § 1, para. 15 (1945).

Art. I, § 1, para. 8: In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved.

1983

(effective July 1, 1983) (present)

Art. I, § 1, para. 5: No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty.

Art. I, § 1, para. 6: In all civil or criminal actions for libel, the truth may be given in evidence; and, if it shall appear to the trier of fact that the matter charged as libelous is true, the party shall be discharged.

HAWAII

1840**

(effective Oct. 8, 1840) (constitutional monarchy)

Contains a rudimentary bill of rights, but no specific free speech provisions. 1852**

(effective June 14, 1852) (constitutional monarchy)

Art. III: All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. 1864**

(effective Aug. 20, 1864)(constitutional monarchy)

Art. III: All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press, except such laws as may be necessary for the protection of His Majesty the King and the Royal Family. 1887**

(effective July 7, 1887)(constitutional monarchy)

Art. III: All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press. 1894**

(effective July 4, 1894)(Republic)

Art. III: All men may freely speak, write and publish their sentiments on all subjects; and no law shall be enacted to restrain the liberty of speech or of the press; but all persons shall be responsible for the abuse of such right. Provided, however, that the Legislature may enact such laws as may be necessary, to restrain and prevent the publication or public utterance of indecent or seditious language.

1959

(effective Aug. 21, 1959)

Art. I, § 3: No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Present

(1959 as amended Nov. 7, 1978)

Art. I, § 4: No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

IDAHO

1889

(effective July 3, 1890)(present)

Art. I, § 9: Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty.

ILLINOIS

1818

(effective Dec. 3, 1818)

Art. VIII, § 22: That the printing-presses shall be free to every person who undertakes to examine the proceedings of the general assembly or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. VIII, § 23: In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right of determining both the law and the fact, under the direction of the court, as in other cases.

1848

(effective Apr. 1, 1848)

Art. XIII, § 23: The printing-presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. XIII, § 24: In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have the right of determining both the law and the fact, under the direction of the court, as in other cases.

1870

(effective Aug. 8, 1870)

Art. II, § 4: Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

1971

(effective July 1, 1971)(present)

Art. I, § 4: All persons may speak, write and publish freely, being responsible for the abuse of that liberty. In trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

INDIANA

1816

(effective Dec. 11, 1816)

Art. I, § 9: That the printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. I, § 10: In prosecution for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for the public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1851

(effective Nov. 1, 1851)(present)

Art. I, § 9: No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print freely on any subject whatever; but for the abuse of that right every person shall be responsible.

Art. I, § 10: In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification.

IOWA

1846

(effective Dec. 28, 1846)

Art. I, § 7: Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motives and justifiable ends, the party shall be acquitted.

1857

(effective Sept. 1857)(present)

Same as 1846 provision.

KANSAS

1859

(effective Jan. 29, 1861)(present)

Bill of Rights, § 11: The liberty of the press shall be inviolate; and all persons may freely speak, write, or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libellous matter was published for justifiable ends, the accused party shall be acquitted.

KENTUCKY

1792

(effective June 1, 1792)

Art. XII, (para. 7): That the printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communications of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. XII, (para. 8): In prosecutions for publications of papers, investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1799

(effective Jan. 1, 1800)

Art. X, § 7: That printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. X, § 8: In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1850

(effective Jan. 1, 1851)

Art. XIII, § 9: That printing-presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

Art. XIII, § 10: In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1890

(effective Jan. 1, 1892)(present)

Bill of Rights, § 1: All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

. . . . .

Fourth: The right of freely communicating their thoughts and opinions.

Bill of Rights, § 8: Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.

Bill of Rights, § 9: In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

LOUISIANA

1812

(effective Apr. 30, 1812)

Art. VI, § 21: Printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of the government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.

1845

(effective Jan. 25, 1846)

Title VI, Art. 110: The press shall be free. Every citizen may freely speak, write, and publish his sentiments on all subjects; being responsible for an abuse of this liberty.

1852

(effective Jan. 15, 1853)

Title VI, Art. 106: Same as Title VI, Art. 110 (1845).

1861

(effective Mar. 15, 1861)

Same as 1852 provision.

1868

(effective July 16, 1868)

Title I, Art. 4: The press shall be free; every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of this liberty.

1879

(effective Jan. 8, 1880)

Bill of Rights, Art. 1: No laws shall be passed respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances.

General Provisions, Art. 168: In all proceedings of indictments for libel, the truth thereof may be given in evidence. The jury in all criminal cases shall be judges of the law and of the facts on the question of guilt or innocence, having been charged as to the law applicable to the case by the presiding judge.

1898

(effective May 12, 1898)

Bill of Rights, Art. 3: No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

General Provisions, Art. 179: In all proceedings or indictments for libel, the truth thereof may be given in evidence. The jury in all criminal cases shall be the judges of the law and of the facts on the question of guilt or innocence, having been charged as to the law applicable to the case by the presiding judge.

1913

(effective Nov. 22, 1913)

Same as 1898 provisions.

1921

(effective July 1, 1921)

Art. I, § 3: Same as Bill of Rights, Art. 3 (1898).

Art. XIX, § 9: Same as General Provisions, Art. 179 (1898).

1974

(effective Dec. 31, 1974)(present)

Art. I, § 7: No law shall curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish his sentiments on any subject, but is responsible for abuse of that freedom.

MAINE

1820

(effective Mar. 15, 1820)(present)

Art. I, § 4: Every citizen may freely speak, write, and publish his sentiments on any subject, being responsible for the abuse of this liberty. No laws shall be passed regulating or restraining the freedom of the press; and, in prosecutions for any publication respecting the official conduct of men in public capacity, or the qualifications of those who are candidates for the suffrages of the people, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to determine, at their discretion, the law and the fact.

MARYLAND

1776*

(effective Nov. 8, 1776)

Declaration of Rights, VIII: That freedom of speech and debates, or proceedings in the Legislature, ought not to be impeached in any other court or judicature.

Declaration of Rights, XXXVIII: That the liberty of the press ought to be inviolably preserved.

1851

(effective July 4, 1851)

Declaration of Rights, Art. 8: That freedom of speech and debate, or proceedings in the legislature, ought not to be impeached in any court of judicature.

Declaration of Rights, Art. 38: Same as Declaration of Rights, XXXVIII (1776).

1864

(effective Nov. 1, 1864)

Declaration of Rights, Art. 10: Same as Declaration of Rights, Art. 8 (1851).

Declaration of Rights, Art. 40: That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

1867

(effective Oct. 5, 1867)(present)

Declaration of Rights, Art. 10: Same as 1864 provision.

Declaration of Rights, Art. 40: That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that privilege.

MASSACHUSETTS

1780*

(effective Oct. 25, 1780)

Declaration of Rights, Art. XVI: The liberty of the press is essential to the security of freedom in a State: it ought not, therefore, to be restrained in this commonwealth.

Declaration of Rights, Art. XXI: The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.

Present

(1780 as amended Nov. 2, 1948)

Declaration of Rights, Art. XVI: The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. The right of free speech shall not be abridged.

Declaration of Rights, Art. XXI: Unchanged.

MICHIGAN

1835

(effective Jan. 26, 1837)

Art. I, § 7: Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1850

(effective Jan. 1, 1851)

Art. IV, § 42: No law shall ever be passed to restrain or abridge the liberty of speech or of the press; but every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of such right.

Art. VI, § 25: In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact.

1908

(effective Jan. 1, 1909)

Art. I, § 4: Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

Art. I, § 18: In all prosecutions for libels the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.

1963

(effective Jan. 1, 1964)(present)

Art. I, § 5: Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.

Art. I, § 19: In all prosecutions for libels the truth may be given in evidence to the jury; and, if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.

MINNESOTA

1857

(effective May 11, 1858)

Art. I, § 3: The liberty of the press shall forever remain inviolate, and all persons may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of such right.

1974

(effective Nov. 5, 1974)(present)

Same as 1857 provision.

MISSISSIPPI

1817

(effective Dec. 10, 1817)

Art. I, § 6: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 7: No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

Art. I, § 8: In all prosecutions or indictments for libels, the truth may be given in evidence; and the jury shall have the right to determine the law and the facts, under the direction of the court.

1832

(effective Jan. 1, 1833)

Art. I, § 6: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

Art. I, § 7: No law shall ever be passed to curtail or restrain the liberty of speech, or of the press.

Art. I, § 8: In all prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the facts.

1869

(effective Feb. 18, 1869)

Art. I, § 4: The freedom of speech and of the press shall be held sacred, and in all indictments for libel the jury shall determine the law and the facts, under the direction of the court.

1890

(effective Nov. 1, 1890)(present)

Art. III, § 13: The freedom of speech and of the press shall be held sacred, and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.

MISSOURI

1820

(effective Aug. 10, 1821)

Art. XIII, § 16: That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court.

1865

(effective July 4, 1865)

Art. I, § 27: That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libel, the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court.

1875

(effective Nov. 30, 1875)

Art. II, § 14: That no law shall be passed impairing the freedom of speech; that every person shall be free to say, write, or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.

1945

(effective Mar. 30, 1945)(present)

Art. I, § 8: That no law shall be passed impairing the freedom of speech, no matter by what means communicated; that every person shall be free to say, write or publish, or otherwise communicate whatever he will on any subject, being responsible for all abuses of that liberty; and that in all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and in suits and prosecutions for libel the jury, under the direction of the court, shall determine the law and the facts.

MONTANA

1889

(effective Nov. 8, 1889)

Art. III, § 10: No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and that in all suits and prosecutions for libel, the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts.

1972

(effective July 1, 1972)(present)

Art. II, § 7: No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts.

NEBRASKA

1866

(effective Mar. 1, 1867)

Art. I, § 3: Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1875

(EFFECTIVE NOV. 1, 1875)(PRESENT)

Art. I, § 5: Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

NEVADA

1864

(effective Oct. 31, 1864)(present)

Art. I, § 9: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated.

NEW HAMPSHIRE

1776*

(effective Jan. 5, 1776)

There is no specific provision.

1784*

(effective June 2, 1784)

Art. I, § 22: The Liberty of the Press is essential to the security of freedom in a state; it ought, therefore, to be inviolably preserved.

Art. I, § 30: The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever.

Present

(1784 as amended 1968)

Art. I, § 22: Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.

Art. I, § 30: Unchanged.

NEW JERSEY

1776*

(effective July 3, 1776)

There is no specific provision.

1844

(effective Sept. 2, 1844)

Art. I, § 5: Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1947

(effective Jan. 1, 1948)(present)

Art. I, § 6: Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

NEW MEXICO

1910

(effective Jan. 6, 1912)(present)

Art. II, § 17: Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with the good motives and for justifiable ends, the party shall be acquitted.

NEW YORK

1777*

(effective Apr. 20, 1777)

There is no specific provision.

1822

(effective Dec. 31, 1822)

Art. VII, § 8: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1846

(effective Jan. 1, 1847)

Art. I, § 8: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1895

(effective Jan. 1, 1895)

Art. I, § 8: Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with the good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

1938

(effective Jan. 1, 1939)(present)

Same as 1895 provision.

NORTH CAROLINA

1776*

(effective Dec. 18, 1776)

Declaration of Rights, XV: That the freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained.

1862

(effective May 20, 1862)

Same as 1776 provision.

1868

(effective July 1, 1868)

Art. I, § 20: The freedom of the press is one of the great bulwarks of liberty, and, therefore, ought never to be restrained, but every individual shall be held responsible for the abuse of the same.

1876

(effective Dec. 31, 1876)

Art. I, § 20: The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual should be held responsible for the abuse of the same.

1970

(effective July 1, 1971)(present)

Art. I, § 14: Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse.

NORTH DAKOTA

1889

(effective Nov. 2, 1889)

Art. I, § 9: Every man may freely write, speak and publish his opinions on all subjects, being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth may be given in evidence, and shall be a sufficient defense when the matter is published with good motives and for justifiable ends; and the jury shall have the same power of giving a general verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the law and the facts under the direction of the court as in other cases.

1980

(effective 1980)(present)

Art. I, § 4: Same as Art. I, § 9 (1889).

OHIO

1802

(effective Mar. 1, 1803)

Art. VIII, § 6: That the printing-presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print upon any subject as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may always be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1851

(EFFECTIVE JAN. 8, 1852)(PRESENT)

Art. I, § 11: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.

OKLAHOMA

1907

(effective Nov. 16, 1907)(present)

Art. II, § 22: Every person may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libel, the truth of the matter alleged to be libelous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous, be true and was written or published with good motives and for justifiable ends, the party shall be acquitted.

OREGON

1859

(effective Feb. 14, 1859)(present)

Art. I, § 8: No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever, but every person shall be responsible for the abuse of this right.

PENNSYLVANIA

1776*

(effective Sept. 28, 1776)

Declaration of Rights, XII: That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

Plan or Frame of Government, § 35: The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.

1790

(effective Sept. 2, 1790)

Art. IX, § 7: That the printing-press shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1838

(effective Jan. 1, 1839)

Art. IX, § 7: That the printing-press shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. In prosecution for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1873

(effective Jan. 1, 1874)

Art. I, § 7: The printing-presses shall be free to every person who may undertake to examine the proceedings of the legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

1968

(effective Apr. 23, 1968) (present)

Art. I, § 7: The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

RHODE ISLAND

1842

(effective May 1843)

Art. I, § 20: The liberty of the press being essential to the security of freedom in a State, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defence to the person charged.

1986

(effective Dec. 4, 1986) (present)

Art. I, § 20: The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defense to the person charged.

SOUTH CAROLINA

1776*

(effective Mar. 26, 1776)

There is no specific provision.

1778*

(effective Nov. 30, 1778)

XLIII: That the liberty of the press be inviolably preserved.

1790

(effective June 3, 1790)

Art. IX, § 6: The trial by jury, as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved.

1865

(effective Sept. 27, 1865)

Art. IX, § 7: The trial by jury as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved. But the general assembly shall have power to determine the number of persons who shall constitute the jury in the inferior and district courts.

1868

(effective Apr. 16, 1868)

Art. I, § 7: All persons may freely speak, write, and publish their sentiments on any subject, being responsible for the abuse of that right; and no laws shall be enacted to restrain or abridge the liberty of speech or of the press.

Art. I, § 8: In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall be the judges of the law and the facts.

1895

(effective Dec. 31, 1895)

Art. I, § 4: The General Assembly shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the Government or any department thereof for redress of grievances.

Art. I, § 21: In all indictments or prosecutions for libel, the truth of the alleged libel may be given in evidence, and the jury shall be the judges of the law and the facts.

1971

(effective May 13, 1971) (present)

Art. I, § 2: Same as Art. 1, § 4 (1895).

Art. I, § 16: In all indictments or prosecutions for libel, the truth of the alleged libel may be given in evidence, and the jury shall be the judges of the law and facts.

SOUTH DAKOTA

1889

(effective Nov. 2, 1889) (present)

Art. VI, § 5: Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. In all trials for libel, both civil and criminal, the truth, when published, with good motives and for justifiable ends, shall be a sufficient defense. The jury shall have the right to determine the facts and the law under the direction of the court.

TENNESSEE

1785*

(Constitution of the State of Franklin)

Declaration of Rights, § 15: That the freedom of the press is one of the greatest bulwarks of liberty, and therefore ought never to be restrained.

1796

(effective June 1, 1796)

Art. XI, § 19: That the printing-press shall be free to every person who undertakes to examine the proceedings of the legislature, or of any branch or officer of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

1834

(effective Mar. 6, 1835)

Art. I, § 19: That the printing-press shall be free to every person who undertakes to examine the proceedings of the legislature, or of any branch of office of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.

1870

(effective Mar. 26, 1870) (present)

Art. I, § 19: That the printing-presses shall be free to every person to examine the proceedings of the legislature, or of any branch or officer of the government; and no law shall ever be made to restrain the right thereof.

The free communication of thoughts and opinions is one of the invaluable rights of men, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.

TEXAS

1836**

(Constitution of the Republic of Texas)

Declaration of Rights, § 4: Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege. No law shall ever be passed to curtail the liberty of speech or of the press; and in all prosecutions for libels the truth may be given in evidence, and the jury shall have the right to determine the law and fact, under the direction of the court.

1845

Art. I, § 5: Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.

Art. I, § 6: In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.

1861

(same)

1866

Art. I, § 5: (same)

Art. I, § 6: In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.

1869

Art. I, § 5: (same)

Art. I, § 6: In prosecutions for the publication of papers investigating the official conduct of officers or of men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and, in all prosecutions for libels, the jury shall have the right to determine the law and the facts, under the direction of the court as in other cases.

1875 (present)

Art. I, § 8: Every person shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.

UTAH

1845**

(Constitution of the State of Deseret)

Art. VIII, § 5: Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to abridge the liberty of speech or of the press.

1895

(effective Jan. 4, 1896) (present)

Art. I, § 15: No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.

VERMONT

1777**

(effective July 8, 1777)

Ch. 1, § XIV: That the people have a right to freedom of speech, and of writing and publishing their sentiments; therefore, the freedom of the press ought not be restrained.

Ch. 2, § XXXII: The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government. 1786**

(effective July 4, 1786)

Ch. 1, § XV: That the people have a right of freedom of speech and of writing and publishing their sentiments, concerning the transactions of government — and therefore the freedom of the press ought not to be restrained.

Ch. 1, § XVI: The freedom of deliberation, speech, and debate, in the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.

1796

(effective Nov. 2, 1796) (present)

Ch. 1, § XIII: That the people have a right to freedom of speech, and of writing and publishing their sentiments, concerning the transactions of government, and therefore the freedom of the press ought not to be restrained.

Ch. 1, § XIV: The freedom of deliberation, speech, and debate, in the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation, or prosecution, action, or complaint in any other court or place whatsoever.

VIRGINIA

1776*

(effective June 12, 1776)

Bill of Rights, § 12: That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

1830

(effective July 1, 1830)

Art. I: Adopts the Bill of Rights from the 1776 constitution.

1851

(effective Jan. 12, 1852)

Bill of Rights, § XII: Same as Bill of Rights, § 12 (1776).

1864

(effective 1864)

Same as the 1851 provision.

1870

(effective Jan. 26, 1870)

Art. I, § 14: 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.

1902

(effective July 10, 1902)

Art. I, § 12: 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 freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right.

1970

(effective July 1, 1971) (present)

Art. I, § 12: That the freedom of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances.

WASHINGTON

1889

(effective Nov. 11, 1889) (present)

Art. I, § 5: Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

WEST VIRGINIA

1861

(effective June 20, 1863)

Art. II, § 4: No law abridging freedom of speech or of the press shall be passed; but the legislature may provide for the restraint and punishment of the publishing and vending of obscene books, papers, and pictures, and of libel and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel or defamation. Attempts to justify and uphold an armed invasion of the State, or an organized insurrection therein, during the continuance of such invasion or insurrection, by publicly speaking, writing, or printing, or by publishing or circulating such writing or printing, may be, by law, declared a misdemeanor, and punished accordingly.

Art. II, § 5: In prosecutions and civil suits for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the verdict shall be for the defendant.

1872

(effective 1872) (present)

Art. III, § 7: No law abridging the freedom of speech, or of the press, shall be passed; but the Legislature may by suitable penalties, restrain the publication or sale of obscene books, papers or pictures, and provide for the punishment of libel, and defamation of character, and for the recovery in civil actions, by the aggrieved party, of suitable damages for such libel, or defamation.

Art. III, § 8: In prosecutions, and civil suits for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous, is true, and was published with good motives, and for justifiable ends, the verdict shall be for the defendant.

WISCONSIN

1848

(effective May 29, 1848) (present)

Art. I, § 3: Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions, or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury, that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

WYOMING

1889

(effective July 10, 1890) (present)

Art. I, § 20: Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right; and in trials for libel, both civil and criminal, the truth, when published with good intent and justifiable ends, shall be a sufficient defense, the jury having the right to determine the facts and the law, under direction of the court.

* Constitutions of the original thirteen states that were in effect prior to the Constitution of the United States of America.

* * Constitutions of states, not among the original thirteen states, that existed prior to the State's admission to the United States of America.