Sunday, August 19, 2012

120819-FN3:NorthBriton 45

       
John Wilkes was a low-minded politician and scurrilous publisher of a rag known as the North Briton.  It was  against the law to insult the monarch, but in issue No. 45, he indirectly attacked the King by libelling the King’s minister.


Wilkes as viewed by Hogarth

Outraged, George II had the North Briton’s offices smashed into under a general warrant.  A general warrant was something of a contradiction in terms since it “warranted” a search and seizure anywhere, anytime of anything and anyone.


Rioting for Free Speech

Wilkes, who was something of a populist demagogue stirred up popular fury on both sides of the Atlantic.  Rioting crowds in London manhandled the mistooken Austrian ambassador and pained “45” on the soles of shoes.  The Colony of Maryland sent 45 hogsheads of tobacco to Wilkes. 

The case dragged on for a decade, but the ultimate result was that the use of general warrants was disallowed and that warrants had to be based on probable cause specifying the places to be searched and the items to be seized.

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