Addendum

A


A. B. C. Television. Libel: A Note for Television Producers and Others. London, A. B. C. Television, 1963. 14p. A1

A practical guide for writers and producers, on the British law of libel as applied to television.


Ablard, Charles D. "Obscenity, Advertising, and Publishing: The Impact of Ginzburg and Mishkin." George Washington Law Review, 35:85- 92, October 1966. A2

Relates to Ginzburg v. United States, Mishkin v. United States.


Adair, Donald R. "Free Speech and Defamation of Public Persons: The Expanding Doctrine of New York Times Co. v. Sullivan." Cornell Law Quarterly, 52: 419-32, Winter II, 1967. A3


Adamo, S. J. "Painless News Control." America, 115:190- 92, 20 August 1966. A4

Comparison of the blunt amateurism in control of news in the Catholic press and the smooth news management of the federal government.


Affleck, W. B. "Free Press--Fair Trial." Criminal Law Quarterly (Canada), 8:163-71, October 1965. A5

The author recommends for Canada contempt of court proceedings in flagrant cases of prejudicial publicity, encouragement of the press in drafting a code of ethics in the area, a press-ban study committee, and the establishment of a National Press Council similar to Great Britain's.


Agree, Rose H. "The Freedom to Read on Long Island." Top of the News, 22: 285-87, April 1966. A6

An account of the establishment, by school librarians, of the Long Island Intellectual Freedom Committee and the adoption of a resolution on freedom to read.


Ahrens, Nyla H. Censorship and the Teachers of English: A Questionnaire Survey of a Selected Sample of Secondary School Teachers of English. New York, Teachers College, Columbia University, 1965. 137p. (Ed. D. dissertation) A7

The study indicated that teachers who encountered censorship were generally those "doing a good job of teaching English" who were trying to introduce realistic fiction into the classroom. The study also revealed that a fairly low percentage of schools had an established policy for dealing with complaints about textbooks.


Aldridge, Alfred O. Man of Reason: The Life of Thomas Paine. Philadelphia, Lippincott, 1959. 348p. A8

A definitive and scholarly work based on original research in France and England as well as in America. Chapters 9, 12, and 13 deal with the controversy and trial over Paine's The Rights of Man. Chapter 19 deals with the controversy and trial over The Age of Reason.


[Alexander, James?]. ["Essays on Freedom of the Press"]. In Levy, Freedom of the Press from Zenger to Jefferson, pp. 24-43, 61-74. A9

"The [New York Weekly] Journal essays reprinted here are original compositions, almost certainly by James Alexander, reflecting the influence of both Cato's Letter's and the Craftsman.... Taken as a group, and including the four by Alexander in 1737 (Document 1O), these essays constitute the finest and broadest libertarian statements published in America until after the Sedition Act of 1798." The four essays of 1737 were first published in Franklin's Pennsylvania Gazette.


Alisky, Marvin. "Cuban Press: Censorship Replaces Bribery." Nieman Reports, II(2): 17-18, April 1957. A10

"The Batista regime of Cuba during January and February [1957] switched from the big carrot to the big stick, from widespread bribery to overt censorship of the press."


[Allestree, Richard?]. The Government of the Tongue By the Author of the Whole Duty of Man, & c. Oxford, At the Theater, 1674. 224p. A11


Alpert, Hollis. "Talk with a Movie Censor." Saturday Review, 35:21, 50- 54, 22 November 1952. A12

An interview with New York State's film censor, Dr. Hugh M. Flick, reveals the point of view, the problems, and the technique of prior censorship of films by New York Motion Picture Division.


Aly, Bower, and Gerald D. Shively, eds. Debate Handbook on Radio Control and Operation. Columbia, Miss., Staple, 1933. 224p. A13

Material for debaters on private versus government control of radio.


American Bar Association. "Report of the Special Committee on Cooperation Between Press, Radio and Bar, as to Publicity Interfering with Fair Trial of Judicial and Quasi-Judicial Proceedings." In American Bar Association, Annual Report, Chicago, 1937, vol. 62, pp. 851-66. A14

The committee represented the American Bar Association, the American Newspaper Publishers Association, and the American Society of Newspaper Editors and was headed by Newton D. Baker. The Committee considered, among other factors, the unpublished report of an earlier committee, headed by Judge Oscar Hallam to examine the pretrial publicity attending the trial of Bruno Richard Hauptmann, which made 16 specific recommendations. Seven of the recommendations are quoted and the point of view of the present committee is given. Among the general recommendations of the Baker committee is that "local bar associations appoint continuing committees on press relations to function with corresponding committees representing the Press and other means of publicity." The Committee recommended that the Court use its power to punish for contempt to protect the fairness of trial, but at the same time use it sympathetically to protect that portion of the press which spurns the sensational, scandalous, and inflammatory treatment of trial proceedings.


American Bar Association. Project on Minimum Standards for Criminal Justice. Standards Relating to Fair Trial and Free Press. Recommended by the Advisory Committee on Fair Trial and Free Press.... [Chicago, American Bar Association, 1966]. 265p. (Tentative draft, December 1966) A15

"This Committee was charged to consider the impact of news reporting on the administration of criminal justice and to seek methods of preserving and strengthening the right to a fair trial without abridging freedom of speech and of the press." Standards recommended cover conduct of attorneys, conduct of law enforcement officers, conduct of judicial proceedings, and exercise of the contempt power. There is also a statement on Matters of Joint Concern to the Bench, the Bar, Law Enforcement Officers, and the News Media. The Committee was headed by Judge Paul C. Reardon of the Massachusetts Supreme Court. The report received considerable criticism from the press because of its restrictions on press freedom. In July 1967 the Committee published a 36-page Revisions of Tentative Draft, liberalizing certain sections of the recommendations and including in the appendix: Bench-Bar-Media Cooperation in the State of Washington and Guidelines Issued by the Prosecuting Attorney, St. Louis County, Missouri.


American Civil Liberties Union. Statement, Board of Directors on Fair Trial and Free Press. New York, ACLU, 1966. 9p. mimeo. A16


American Historical Association and Organization of American Historians. "The Joint Committee for the Defense of the Rights of Historians under the First Amendment." PMLA, 81:A6-A8,December 1966. A17

The Committee was formed as an outgrowth of legal action taken by the daughter of Henry Clay Frick to suppress a scholarly book by Sylvester K. Stevens, Pennsylvania: Birthplace of a Nation. "It is the first case we know of in which a serious work has been challenged in the Courts, in which the Court has been asked to ban a book, and in which the Court has proceeded to hear the suit on the merits.... A victory for Miss Frick would be a crippling blow to scholarly study and would eventually shake the very foundation of our great democracy which depends so much on the free and unfettered flow and exchange of ideas.... An attack on one book is an attack on all learning. A challenge such as this case presents is a challenge to all historians." On 25 May, Judge Clinton R. Weidner of the Court of Common Pleas, Cumberland, Pa., dismissed the request for an injunction against the book, delivering a 51-page opinion in which he analyzed the issues. "The courts cannot restrain writings on the historical development of . . . public issues. They are part of the heritage of every citizen and each is entitled to know them." (Pub/ilbers' Weekly, 5 June 1967.)


American Law Institute and American Bar Association. Joint Committee on Continuing Legal Education. The Problem of Drafting an Obscenity Statute. [Philadelphia, The Committee, 1961]. 104p. (Problems in Criminal Law and Administration, no. 9) A18


American Library Association. Intellectual Freedom Committee, et. al. "Intellectual Freedom and the Teenager." ALA Bulletin, 61: 833, July-August 1967. A19

A brief resume of a conference, sponsored by the Intellectual Freedom Committee, the Young Adult Services Division, and the American Association of School Libraries. Speakers were Edgar Z. Friedenberg, Rev. Larry Beggs, Kenneth Rexroth, Robert Kirach, Mrs. Helen Cyr, Stanley Fleishman, Mrs. Harriet R. Covey, David Cohen, Mrs. Doris Watts, Alex Allain, and Esther Helfand. A summary of the conference by Ervin J. Gaines appears in the September 1967 ALA Newsletter On Intellectual Freedom. Also reported in Library Journal and Wilson Library Bulletin.


American Newspaper Publishers Association. Free Press and Fair Trial. New York, The Association, 1967. 143p. A20

Report of a study made by a Special Committee on Free Press and Fair Trial. The report concludes there is no real conflict between the First and Sixth Amendments, a free press requires not only freedom to print without prior restraint but free access to public information that should be public; there are grave dangers to the public in censorship at the source; the press is a positive influence in assuring fair trial; isolated cases should not serve as a cause for censorship; court rules restricting release of information by law enforcement officers are an unwarranted judicial invasion of the executive branch of government; there can be no codes which compromise the principles of the Constitution; and neither the press nor the Bar has a right to sit down and bargain away the right of the people to know. Appendices include a history of the First and Sixth Amendments, the law as enunciated by Supreme Court decisions, a review of representative codes relating to reporting of trials, and a review of the Estes and Sheppard cases.


American Society of Newspaper Editors. Freedom of Information Committee. "Freedom of Information Report, 1964." In Problems of Journalism; Proceedings of the American Society of Newspaper Editors, 1964. Washington, D.C., 1964, pp. 253-56. A21

Creed C. Black was chairman.


-------. "Freedom of Information Report, 1965." In Problems of Journalism; Proceedings of the American Society of Newspaper Editors, 1965. Washington, D.C., 1965, pp. 219-21. A22

Creed C. Black was chairman.


-------. "Freedom of Information Report, 1966." In Problems of Journalism; Proceedings of the American Society of Newspaper Editors, 1966. Washington, D.C., 1966, pp. 213- 16. A23

Eugene Patterson was chairman.


American Society of Newspaper Editors. Press- Bar Committee. Report of Press- Bar Committee, American Society of Newspaper Editors, 1964- 1965. New York, ASNE, 1965. 14p. mimeo. A24

The Committee found almost totally lacking evidence that press coverage of criminal proceedings injures the chances of fair trial for defendants. The Committee takes issue with the Warren Report criticism of the press, which it finds unfair and in a large part unfounded. "The press has no wish to conduct 'trial by newspaper'; by the same token, it has no desire for lawyers and police to attempt 'trial by publicity."' The problem would not be solved by voluntary press codes, which are more harmful than the evil complained of. "To perform its functions the press must not be bound by the same regulations that govern the operation of the law enforcement agencies and the courts." It has an obligation to society to report and criticize. The solution to the problem will be found not in codes or law but in "energetic, frequent and continuing conversations among those concerned." The Committee consisted of Creed C. Black Herbert Brucker, Alfred Friendly (Chairman), and Felix R. McKnight.


Anderson, Maxwell. "The Blue Pencil." New Republic, 17:192- 94, 14 December 1918. A25

The story of an imaginary (?) California newspaper publisher (H. N. De Smith) and the four rigid censorships he maintained over the contents of that paper--commercial, political, philosophical, and personal.


"Anything goes: Taboos in Twilight." Newsweek, 70(20):74- 78, 13 November 1967. A26

"A new, more permissive society is taking shape. Its outlines are etched most prominently in the arts--in the increasing nudity and frankness in today's films, in the blunt often obscene language seeming endemic in American novels and plays, in the candid lyrics of pop songs and the undress of the avant-garde ballet, in erotic art and television talk shows, in freer fashions and franker advertising."


Arkadin, pseud. "Film Clips." Sight and Sound, 34:98- 100, Spring 1965. A27

Notes on cutting done particularly on American films, by the British Board of Film Censors.


Armbrister, Trevor. "The Embattled Crusader of Conway County." Saturday Evening Post, 239(24):25-29, 90-94, 19 November 1966. A28

Eugene H. Wirges, the crusading editor of the Morrilton, Ark., Democrat, faces a three- year prison term for perjury, the latest in a long series of legal and financial defeats that have stripped him of his job, his funds, and his freedom. He has been found guilty at one conspiracy trial and two libel trials and twice cited for contempt of court. An attempt has been made to burn his newspaper; his office and home have been damaged. He has been shot at and beaten up by a county official--all because he used his weekly paper to level charges of corruption against county political bosses. On 5 June 1967 Wirges was completely cleared when the Arkansas Supreme Court dismissed the three-year sentence on perjury conviction.


Armstrong, O. K. "Damning Case against Pornography." Reader's Digest, 87:131-34, December 1965. A29

"Police chiefs, judges, doctors, psychiatrists and leaders of religious, educational and civic groups all over the nation testify to the causal relationship between crime and the tide of obscenity in publications and motion pictures."


-------. "Filth for Profit: The Big Business of Pornography." Reader's Digest, 88:73-76, March 1966. A30


-------. "A Victory Over the Smut Peddlers." Reader's Digest, 90: 147-52, February 1967. A31


Arnstein, Walter L. The Bradlaugh Case: A study in Late Victorian Opinion and Politics. Oxford, Clarendon, 1965. 348p. A32

A scholarly study of the life and work of the nineteenth-century English reformer who, as editor of the National Reformer, carried on a fight against "taxes on knowledge," and suppression of unorthodoxy in religion, politics and sex. The Bradlaugh-Besant trial involving the publication of the Knowlton tract on birth control "did much to make legal the general distribution of contraceptive knowledge within England."


Asencio, Jose Benito Diaz. "Freedom of Speech and Obscenity Standards in the United States: Their Applicability to Puerto Rico." Revista Juridica de la Universidad de Puerto Rico, 35:423-50, 1966. A33


Ashmore, Harry, "Has Our Free Press Failed Us?" Saturday Evening Post, 233(18):36-37, 50-52, 29 October 1960. A34

"I am not . . . so much concerned with what the press is doing as with what it is not doing. There is too little diversity, and there are too many total gaps of information and of advocacy." There is no simple cure--by law, subsidy, organized pressure, and those within the press cannot be solely relied upon to affect a cure. "The inadequacy of mass communications in our threatened society is not a matter of internal concern for the press alone, but an issue of great urgency for the public at large."


Association for Preserving Liberty and Property against Republicans and Levellers. Proceedings . . . London, Printed and Sold by J. Sewell, 1792. 16p. (Number 1; "to be continued.") A35

A group of gentlemen met at the Crown and Anchor Tavern in the Strand on 20 November 1792 to form "a Society for discouraging and suppressing Seditious Publications." John Reeves was chairman. The group called for the organizing of neighborhood societies throughout London and other cities. They agreed to "check the circulation of seditious publications of all kinds whether newspapers or pamphlets, or the invitation to club meetings." Authors, printers, booksellers, and house-to-house salesmen of the radical publications should be apprehended and the Society should counter with their own chap books and papers that would "undeceive those poor people who have been mislead" by the radicals who threaten the country and Constitution. The resolution called for working in aid of magistrates and not on their own. In subsequent meetings--29 and 30 November, 1, 4, and 9 December, the Society passed resolutions against disloyal newspapers and called for a boycott of them. They quoted Justice Blackstone on the penalties for sedition and treason. Among the members was John Bowles, an active pamphleteer against radical publications. Four years after the formation of the Society, Chairman Reeves was himself the victim of prosecution for a publication when Whigs came to power. On 22 December a countersociety, Friends to the Liberty of the Press, was formed at Free Masons Tavern and subsequently met at Crown and Anchor under the chairmanship of Gerald Noel Edwards (later with R. B. Sheridan as chairman) with support of Thomas Erskine.


Association of the Bar of the City of New York. Special Committee on Radio, Television, and the Administration of Justice. Freedom of the Press and Fair Trial: Final Report with Recommendations. New York, Columbia University Press, 1967. 99p A36

The report of the Committee, headed by Judge Harold R. Medina, suggests "action that we hope may result in appropriate controls of the lawyers and the law enforcement officials, under the auspices of the lawyers and the police themselves, more positive and effective action by the courts and the judges, and a larger measure of self-restraint by the news media." The Committee recognizes that "the First Amendment guarantees of free speech and free press and the critical importance of the concept of freedom of communication that underlies this guarantee preclude, on both constitutional and policy grounds, direct controls of the mass media by a governmental scheme of legislative or judicial establishment, understood as including the courts and the judges." The report deals largely with Canon 20 of the American Bar Association and recommends revisions dealing with the conduct of lawyers; it does not deal with Canon 35 relating to the use of radio and television in the court. The text of Sheppard v. Maxwell, 384 U.S. 333 (1966), is given in the appendix.


___. Radio, Television, and the Administration of Justice; a Documented Survey of Materials. New York, Columbia University Press, 1965. 321p. A37

Part I constitutes a documented survey of the effect of radio and television coverage of civil and criminal trials. Part II includes the text of such documents as canons of ethics, court rules, statutes, court opinions, voluntary codes, and various proposals for resolving the conflict between fair trial and a free press. Introduction by Judge Harold R. Medina, chairman.


Audience Unlimited News. Rochester, N.Y., Audience Unlimited, Inc., 1964- date. Monthly. A38

This news sheet reports on censorship incidents in the Rochester area.


Austin, Alvin E. Codes, Documents, Declarations Affecting the Press. Grand Forks, N.D., University of North Dakota, 1964. 61p. A39


-------. The Situation in Latin America. The Throttling of the Free Press and the Free Flow of Information in Cuba and Elsewhere in Latin America. Grand Forks, N.D., University of North Dakota, 1962. 45p. A40


Austin, Douglas V. "Governmental Censorship in Radio and Television Broadcasting." Public Utilities Fortnightly, 76: 27- 42, 19 August 1965. A41

"The prohibition against restraint censorship is recognized by the FCC, the industry, and Congress. But does the commission have the right to review program performances as a criterion for judging performance in the public interest? A historical review of the role of governmental intervention into broadcasting programming reveals that there are problems and questions that need to be explicitly answered by court review on legislation."


Authors League of America. "A Licensing System: A Proposal by the Authors League of America, Inc." Library Journal, 91:892- 93, 15 February 1966. A42

"Under the system described below, authors and publishers would license the making of copies of material from books and periodicals on a royalty basis." Payment procedure involves the use of copyright stamps.


Ayling, Ronald. "W. B. Yeats on Plays and Players." Modern Drama, 9: 1-10, May 1966. A43

Account of Yeats' concern for the preservation of a free theater in Ireland, including his and Lady Gregory's resistance to attempts (1909) to prevent the playing at the Abbey of Shaw's The Shewing-Up of Blanco Posnet


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