Massachusetts Constitution, Articles 25. Right to freedom of speech
Massachusetts Constitution – Article XXV (25): Right to Freedom of Speech
(From the Declaration of Rights)
📜 Full Text of Article XXV:
"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."
🔍 Summary and Interpretation:
Although this article specifically mentions the liberty of the press, it is widely interpreted in conjunction with broader freedom of speech and expression protections under both state and federal law.
✅ Key Points:
Liberty of the Press = Essential to Freedom:
This article declares that free expression through the press is vital to a free society.
No Prior Restraint:
The government in Massachusetts cannot censor or restrict the press in advance, aligning with First Amendment principles.
Broader Implications:
While it doesn’t explicitly say “freedom of speech,” this provision supports:
Journalistic freedom
Political criticism
Protection against censorship
⚖️ Comparison to the U.S. Constitution:
The First Amendment to the U.S. Constitution protects:
“Freedom of speech, or of the press...”
Article 25 of the Massachusetts Constitution focuses specifically on the press, but Massachusetts courts have interpreted it to provide strong protections for speech and expression, often in harmony with the federal First Amendment.
🧭 Historical Context:
Adopted in 1780, this article reflects Enlightenment-era values and fear of government tyranny and censorship.
It was designed to protect dissent, inform the public, and support democratic governance.
RELATED Blog
0 comments