Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29.
Cross references: For prosecution by indictment or information, see Crim. P. 6 to 9 as well as part 2 of article 5 of title 16.
Section 9.Treason - estates of suicides. Treason against the state can consist only in levying war against it or in adhering to its enemies, giving them aid and comfort; no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court; no person can be attainted of treason or felony by the general assembly; no conviction can work corruption of blood or forfeiture of estate; the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Editor's note: Compare Commonwealth of Pennsylvania v. Nelson, 350 U.S. 497, 100 L. Ed. 640, 76 S. Ct. 477 (affirming Commonwealth of Pennsylvania v. Nelson, 377 Pa. 58, 104 A.2d 133 whereby the enforceability of a state anti-sedition act was successfully resisted as superseded by federal intervention into the field by the Smith Act which proscribed the same conduct as did the state act); and Uphaus v. Wyman, 360 U.S. 72, 79 S. Ct. 1040, 3 L. Ed. 2d 1090 (1959) (Distinguishing Commonwealth of Pennsylvania v. Nelson, 350 U.S. 497, 76 S. Ct. 477, 100 L. Ed. 640 (1956) on the state's right to require the production of corporate papers of a state-chartered corporation pursuant to legislative investigation to determine if state policy concerning seditionary activities had been violated, not impaired by the Smith Act.).
Section 10.Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: For statutory provision concerning truth as a defense or mitigating factor in a defamation action, see § 13-25-125; for the privilege of nondisclosure of news information by newspersons, see § 13-90-119; for provisions relating to governmental access to news information, see article 72.5 of title 24; for freedom of press for students in public schools, see § 22-1-120; for what constitutes criminal libel, see § 18-13-105.
Section 11.Ex post facto laws. No ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.
Cross references: For retrospective laws, see § 12 of article XV of this constitution.
