Case: 21-51178
Document: 00516474571
Page: 17
Date Filed: 09/16/2022
No. 21-51178
861, 874–75 (2022). The first rule was central to the Speech Clause as
originally understood, because the “core abuse against which it was directed
was the scheme of licensing laws implemented by the monarch and
Parliament to contain the ‘evils’ of the printing press in 16th- and 17-century
England.” Thomas v. Chicago Park Dist., 534 U.S. 316, 320 (2002). For
example, the Printing Act of 1662 required all printers to obtain a license and
then “required that all works be submitted for approval to a government
official, who wielded broad authority to suppress works that he found to be
heretical, seditious, schismatical, or offensive.” Ibid. (quotation omitted).
Licensing schemes like the Printing Act generated substantial
opposition in both England and the American colonies. They disappeared in
both places by the 1720s. See David S. Bogen, The Origins of Freedom of Speech
and Press, 42 Md. L. Rev. 429, 443–44 (1983). Thus, Blackstone had this
to say two decades before the First Amendment’s ratification:
The liberty of the press is indeed essential to the nature of a
free state: but this consists in laying no previous restraints upon
publications, and not in freedom from censure for criminal
matter when published. . . . To subject the press to the
restrictive power of a licenser, as was formerly done, both
before and since the revolution, is to subject all freedom of
sentiment to the prejudices of one man, and make him the
arbitrary and infallible judge of all controverted points in
learning, religion, and government.
4 William Blackstone, Commentaries *151–52. Founding-era
Americans similarly viewed the freedom from prior restraints as a central
component of the freedoms of speech and the press. See Campbell, Emergence
of Neutrality, supra, at 875–76; see also, e.g., 3 Joseph Story,
Commentaries on the Constitution § 1874 (1833) (“It is plain,
then, that the language of [the First A]mendment imports no more, than that
17