It cannot be a code of laws adopted because they were universally in use
in the States, for the States had no uniform code; and, if they had, it
could hardly become, by implication, part of the code of a Government of
limited powers, from which every thing is expressly retained which is
not given. Is it the law of England, at any particular period, which is
adopted? But the nature of the law of England makes it impossible that
it should have been adopted in the lump into such a Government as this
is, because it was a complete system for the management of all the
affairs of a country. It regulated estates, punished all crimes, and, in
short, went to all things for which laws were necessary. But how was
this law adopted? Was it by the Constitution? If so, it is immutable and
incapable of amendment. In what part of the Constitution is it declared
to be adopted? Was it adopted by the courts? From whom do they derive
their authority? The Constitution, in the clause first cited, relies on
Congress to pass all laws necessary to enable the courts to carry their
powers into execution; it cannot, therefore, have been intended to give
them a power not necessary to their declared powers. There does not seem
to me the smallest pretext for so monstrous an assumption; on the
contrary, while the Constitution is silent about it, every fair
inference is against it.

Upon the whole, therefore, I am fully satisfied that no power is given
by the Constitution to control the press, and that such laws are
expressly prohibited by the amendment. I think it inconsistent with the
nature of our Government that its administration should have power to
restrain animadversions on public measures, and for protection from
private injury from defamation the States are fully competent. It is to
them that our officers must look for protection of persons, estates, and
every other personal right; and, therefore, I see no reason why it is
not proper to rely upon it for defence against private libels.