Thoughts on a quote from Blackstone's Commentaries

[WillK]

"where blasphemous, immoral, treasonable, schismatical, seditious, or scandalous libels are punished by the English law, some with a greater, others with a less degree of severity; the liberty of the press, properly understood, is by no means infringed or violated. 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. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity. "
-- William Blackstone, Commentaries on the Laws of England (1765--1769)

Reactions?

[Kaine for Senate '18]

Certainly interesting.  How influential was Blackstone on the Founders?  I've always read that he was less influential circa 1787, and that his importance has been added later.

[WillK]

Certainly interesting.  How influential was Blackstone on the Founders?  I've always read that he was less influential circa 1787, and that his importance has been added later.

What I have read is that he was highly influential, at least on the practicing lawyers in the group.

[WillK]

Certainly interesting.  How influential was Blackstone on the Founders?  I've always read that he was less influential circa 1787, and that his importance has been added later.

What I have read is that he was highly influential, at least on the practicing lawyers in the group.

During the ratification debate in Virginia, Madison was quoted: "I will refer you to a book which is in every man's hand -- Blackstone's Commentaries."

[🐒Gods of Prosperity🔱🐲💸]

he was of course very influential as a commentator on the British common law, but the American Founders made some explicit breaks from this tradition (ex. against bills of attainder)