Massachusetts Constitution, Articles 13. Freedom of the press
Massachusetts Constitution – Article XIII (Article 13): Freedom of the Press
This article is part of the Declaration of Rights in the Massachusetts Constitution, adopted in 1780. It affirms the freedom of the press as a foundational civil liberty.
🔹 Full Text of Article XIII:
“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.”
🗝️ Key Points:
Essential Liberty:
Declares that a free press is vital to maintaining freedom and democracy.
No Prior Restraint:
The government cannot impose censorship or prior approval on what the press may publish.
Applies Broadly:
Although written in the 18th century, it has been interpreted to protect modern forms of media, including newspapers, digital journalism, and more.
Foundation for Free Speech Protections:
This article, along with others in the Massachusetts Constitution and the U.S. First Amendment, serves as a bedrock of press freedom in the state.
⚖️ Judicial Interpretation:
Massachusetts courts have consistently upheld this article to prevent government interference with the press, except in very limited and legally justified cases (e.g., libel, obscenity, or incitement to violence).
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