The state constitutions usually contain guaranties of freedom of speech and the press similar to those found in the federal constitution, that "Congress shall make no law . . . abridging the freedom of speech and of the press" (Amend. I). But it is not intended by such prohibitions to guarantee the right, without restraint or liability, to utter or publish matter which may be injurious to individuals or detrimental to public peace and tranquillity. By the common law of England, which has been fully recognized in this respect in the various states, libel, that is, the publication of defamatory matter by printing or writing, is punishable criminally; and injurious utterances, whether in writing or print or by spoken word, have also been recognized as a ground of action for the recovery of damages by the person thereby injured.

The object of the constitutional guaranties as to freedom of speech and the press seems to be to prevent the exercise of the power of the government in the regulation beforehand of what shall be published and the suppression of publications on account of their supposed injurious consequences. In European countries supervision over publication is exercised to some extent by public officials charged with determining what is likely to be injurious to the government or the people, and the power is also exercised of suppressing newspapers and books which are deemed to be harmful to tranquillity or good morals. Similar powers had been exercised by the government of England prior to the independence of the colonies, and had been the subject of much discussion and discontent; and the effect of the constitutional guaranties is rather to deny to the government any such power of supervision than to relieve persons from civil or criminal liability for wrongful and injurious publication.

In other words, under our constitutional system freedom of speech and of the press is, like any other civil right, subject to regulation by law in the exercise of the general police power, and may be enjoyed only so far as it is not thus prohibited, and each person exercises this freedom subject to the same general restrictions which are by law imposed upon the exercise of freedom in any other respect. It will therefore be necessary to notice some of the general restrictions which are imposed by law in order to understand the extent and nature of freedom of speech and the press. These restrictions are found in the statutory or common-law rules relating to slander and libel.