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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 2384

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1857 Session of 1989


        INTRODUCED BY FREIND, WOGAN, OLASZ, MRKONIC, KOSINSKI, TIGUE,
           FLICK, HASAY, VROON, VEON, LANGTRY, BUNT, FEE, MICOZZIE,
           REINARD, PITTS, J. L. WRIGHT, BIRMELIN, TRELLO, DEMPSEY,
           FARGO, NOYE, MICHLOVIC, HERSHEY, McVERRY, NAILOR, LEH,
           ROBBINS AND E. Z. TAYLOR, SEPTEMBER 18, 1989

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 18, 1989

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, further providing for the free speech of
     3     candidates for elected office.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendment to the Constitution of
     7  Pennsylvania is proposed in accordance with Article XI:
     8     That section 7 of Article I be amended to read:
     9  § 7.  Freedom of press and speech; libels.
    10     (a)  The printing press shall be free to every person who may
    11  undertake to examine the proceedings of the Legislature or any
    12  branch of government, and no law shall ever be made to restrain
    13  the right thereof. The free communication of thoughts and
    14  opinions is one of the invaluable rights of man, and every
    15  citizen may freely speak, write and print on any subject, being
    16  responsible for the abuse of that liberty. No conviction shall


     1  be had in any prosecution for the publication of papers relating
     2  to the official conduct of officers or men in public capacity,
     3  or to any other matter proper for public investigation or
     4  information, where the fact that such publication was not
     5  maliciously or negligently made shall be established to the
     6  satisfaction of the jury; and in all indictments for libels the
     7  jury shall have the right to determine the law and the facts,
     8  under the direction of the court, as in other cases.
     9     (b)  All candidates for elected office may freely communicate
    10  their thoughts and opinions and may freely speak, write and
    11  print on any subject, being responsible for the abuse of that
    12  liberty. No governmental authority shall attempt to limit the
    13  right of candidates to present their views on any legal or
    14  political issue or to limit their right to attend any lawful
    15  gathering.










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