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Badger, Ronald K. "Unsworn and Unfettered Witness in Our Courtrooms: Prejudicial Publicity." American Criminal Law Quarterly, 4:5-19, Fall 1965. B1
The article deals with specific problems likely to confront the practicing attorney whose client's case has been affected by adverse publicity in the news media.
Bagdikian, Ben H. "Houston's Shackled Press." Atlantic, 218(2):87-93, August 1966. B2
"Over the years, among the most insistent alarmists of the internal threat to freedom has been the Houston Chronicle . . . But so far in this decade the greatest contribution the Houston Chronicle has made to the maintenance of native American institutions is to conduct a continuing and depressing demonstration on how not to operate a free paper in a free society, and to remind its brethren in the trade that the most immediate threat to a free press in this country is their own conflict of interest."
[Bain, Kenneth B. F.]. Banned! A Review of Theatrical Censorship in Britain. By Richard Kenneth B. F. Bain Bellman Findlater, pseud. London, Macgibbon & Kee, 1967. 238p. B3
A critic and historian of the British theater surveys two centuries of the Office of Lord Chamberlain as British theatrical censor. Bain cites action taken against specific plays and the reaction of authors and critics, quoting from the statements of theatrical figures involved. He refers to the Parliamentary investigations of stage censorship (1866, 1909) and sums up the case for and against the Lord Chamberlain and the present system, suggesting possible solutions. Reviewed by Norman Marshall in the Summer 1967 issue of Drama.
Baker, Leonard. "Fair Trial and a Free Press: Balancing the First and the Sixth Amendments." New Leader, 49:15-17, 17 January 1966. B4
Baker, Merrill T. A Rhetorical Analysis of Thomas Erskine's Courtroom Defrnses in Cases Involving Seditious Libel. Iowa City, State University of Iowa, 1952. 303p. (Ph. D. dissertation, University Microfilms, no. 4042) B5
Balk, Alfred. "The Racial News Gap." Saturday Review, 49(33):53-54, 13 August 1966. B6
Lack of comprehensive news coverage in the nation's press of life in the American ghetto and lack of coverage of the day- to- day affairs of Negro citizens are described as the racial news- gap.
Barnes, James J. Free Trade in Books; a Study of the London Book Trade Since 1800. Oxford, Clarendon, 1964. 198p. B7
A study of the "bookselling question in England, efforts of the booktrade to control prices, beginning with the London Booksellers' Committee and regulations of 1829 and closing with the 1962 Decision of Restrictive Practices Court vindicating the Net Book (price control) Agreement of 1899.
Barnstein, Fred J. "Right of Privacy Protection Against Publication of Newsworthy Information." Washington and Lee Law Review, 2:133-41, Fall 1940. B8
Sidis v. F- R Publishing Co. (1940).
Baron, George. "A British View of Brimstone." Teachers College Record, 65:667-70, May 1964. B9
A British educator views the Paradise, Calif., case of a teacher who was persecuted for encouraging her students to read varying points of view on current issues.
Barron, Jerome A. "Free Press v. Fair Trial: A Continuing Dialogue." North Dakota Law Review, 41:177-84, January 1963. B10
A law professor presents the "brood of constitutional quandries" in the controversy between the press and the bar, pointing out the need for development of an accommodation between the competing constitutional issues.
-------. "In Defense of `Fairness': A First Amendment Rationale for Broadcasting's `Fairness Doctrine.'" University of Colorado Law Review, 37:31-48, Fall 1964. B11
Bartelme, Elizabeth. "Let It Be Printed." Commonweal, 81:701-3, 26 February 1965. B12
A discussion of the imprimatur of the Catholic Church and the difficulties it imposes. Although designed to protect the reader, its chief effect is on the writer. The imprimatur has lost its usefulness.
Barth, J. Robert "Four Viewpoints on Literary Censorship." Homiletic and Pastoral Review, 67:293-300, January 1967. B13
Barzun, Jacques. "Venus at Large; Sexuality and the Limits of Literature." Encounter, 26:24-30, March 1966. B14
The author distinguishes between sexuality, "the very atmosphere in which all literature breathes and lives," and sex, the actual or imaginable act of copulation, which is "terribly limited." He believes that "the glut of sex in our prose and verse fiction will remain as the special mark of our work, the band of the times on our genius."
Bass, Abraham Z. Ginzburg: Intent of the Purveyor. Columbia, Mo., Freedom of Information Center, School ofJournalis m, University of Missouri, 1967. 4p. (Report no. 182) B15
The author finds a new and important legal test for obscenity in the U.S. Supreme Court's decision in the case of Ralph Ginzburg - the intent of the purveyor. In the case of borderline obscenity, the Ginzburg test will be applied first. If pandering is shown at this point, there is no need to put the material to further test. The Ginzburg test makes it possible to regulate the dissemination alone, and not cut off access to the material, which in and of itself may not be obscene.
Batroukha, M. Ezzedin. "A Comparative Study of Responsibility in Libel." Journalism Quarterly 39:333-38, Summer 1962. B16
"Who is held responsible for libelous publication? The author examines American, French and Italian laws and then compares them with Egyptian law. He finds the Egyptian and Italian laws to be most severe in fixing responsibility, and American law the most free in its treatment of individuals."
Beagle, Peter S. "Wayward Reader." Holiday, 37:35-38, June 1965. B17
"My own opinion about pornography is that it ought to be permitted." But the author is depressed to realize that "the only development in literary content in our time has been in our freedom to describe the sexual relationship."
Beale, Howard K. A History of Freedom of Teaching in American Schools. New York, Scribner's, 1941. 343p. (Report of the Commission on the Social Studies in the Schools, American Historical Association, Part 16. Reprinted by Octagon Books, New York, 1966) B18
Throughout this volume are references to suppression and control of school textbooks, particularly in the South in the years preceding the Civil War when the "incendiary textbooks" of the Yankee publishers were banned and Southern authors and publishers were subsidized. There are also references to attacks on Darwinism and the discouragement of the treatment of controversial issues.
Beausang, Michael F., Jr. "A New Look at Prejudicial Publicity in Criminal Cases." Criminal Law Bulletin, 1(7):14-23, September 1965. B19
Beer, Max. "Freedom of Information: ECOSOC [Economic and Social Council of the United Nations] Discussions and Resolutions Reflect Conflicts Which Divide World Today." IPI Report (International Press Institute), 3(2):6-8, June 1954. B20
The article reviews the discussions on freedom of information that took place in the meeting.
Begeman, Jean. "Bigotry in Bartlesville." New Republic, 123(22):13-14, 27 November 1950. B21
The case of fifty- nine year old Ruth Brown, town librarian of Bartlesville, Okla., for thirty- one years, fired for having liberal magazines in the library. The list included the Nation, New Republic, Negro Digest, Consumers' Research, and Soviet Russia Today.
Bellew, Henry. "Censorship, Law, and Conscience." Bell, 3:140-48, November 1941. B22
Criticism of the interpretation and administration of Irish censorship under the Censorship of Publications Act.
Bellman, pseud. "Meet Dr. Hayes." Bell, 3:106-14, November 1941. B23
An interview with Dr. Richard Hayes, the Irish censor.
Benjamin, Curtis G. "Copyright and Government." Library Journal, 91:881-86, 15 February 1966. B24
Section 8 of the U.S. Copyright Act states that "no copyright shall subsist . . . in any publication of the United States Government," but the interpretation of this law has brought "a sea of troublesome questions." The chairman of the board of McGraw- Hill Book Company explores this sea, concluding that unless Congress can present "some precise but flexible guidelines" in the new copyright law, the vagueness will preclude the chance for effective and mutually profitable cooperation between the Government and the publishing industry on literally hundreds of publishing projects of crucial importance to science, technology, and education.
Beotra, B. R. Law of Cinematograph (Central and States). Allahabad, India, Bar Book Co., 1965. 379p. B25
Berk, Philip F. Canon 35: An Experimental Study of the Conflicts of Principles between Fair Trial and Free Press. Iowa City, State University of Iowa, 1963. 300p. (Ph.D. dissertation, University Microfilms, no. 63-7988) B26
"This study traces the background and history of Canon 35 and the controversy surrounding it, quotes extensively from the many arguments on both sides of the Canon, and establishes four distinct types of viewpoints toward Canon 35 as applied to the greater conflict between fair trial and free press."
Bernas, Joaquin G. "Legal Censorship: Problems and Principles." Philippine Studies, 11:267-82, April 1963. B27
In light of the Revitalized Movie Censorship Law of 1962 and the recent customs hassle over Lady Chatterley in the Philippines, the author considers the problems of prior restraint and obscenity. He concludes that there is need for a way of protecting children without doing harm to adults.
Berney, Arthur L. "Libel and the First Amendment - A New Constitutional Privilege." Virginia Law Review, 51:1-58, January 1965. B28
The author examines the various state libel laws that governed criticism of public officials prior to New York Times Co. p. Sullivan and the various interests that have to be weighed, finally supporting the First Amendment on the side of the "absolutists" rather than the "balancers."
Bertelsman, William 0. "Libel and Public Men." American Bar Association Jonrnal, 52:657-62, July 1966. B29
A critique of New York Times Co. v. Sullivan. The author suggests a test for applicability of the New York Times rule in libel cases, to determine whether there is a legitimate public interest in free discussion of the events from which defamation arises.
Beste, R. Vernon. "Faces for the TV Censors." Cernorship, 4(2):22-24, Autumn 1966. B30
An account of the activities of the Censorship Appeals Committee, set up by the British Screenwriters Guild in 1962 to inquire into censorship of films and television, to represent members in censorship disputes, and to evolve some bridge mechanism between censors and censored in TV.
Beth, Loren P. "Group Libel and Free Speech." Minnesota Law Review, 39:167-84, January 1955. B31
A reassessment of the validity and utility of group libel laws in light of the U.S. Supreme Court approval of the Illinois group libel statute in the case of Beauharnais p. Illinois, 343 U.S. 250 (1952).
Biberman, Herbert. Salt of the Earth. Boston, Beacon, 1965. 373p. B32
The author is one of the "Hollywood Ten" who spent six months in jail for contempt of Congress because he refused to answer questions about his political beliefs. This is the story of Biberman's struggle to produce the film Salt of the Earth and to distribute it against blacklisting and boycott within the film industry. It deals at length with the conspiracy trial brought by the producers of the film against various groups within the film industry that had interfered with production and distribution.
Bickel, Alexander M. "Obscenity Cases" New Republic, 46:15-17, 27 May 1967. B33
Comment on Ginzburg, Mishkin and Fanny Hill decisions by the U.S. Supreme Court.
Bird, Georgc L., and Frederic F. Merwin. The Newspaper and Society: A Book of Readings. New York, Prentice- Hall, 1946. 627p. B34
Chapter 3, Freedom of Press in the United States; Chapter 6, How and Why News Is Suppressed; and Chapter 24, Pressure Groups Attempts on the Press.
Birley, Robert. Printing and Democracy. London, Privately Printed for the Monotype Corp., 1964. 31p. B35
The author traces the gradual growth of the liberty of the press in England over a period of a hundred years, beginning in 1641 with the abolishing of the Star Chamber. During the next two years, until 14 June 1643, he points out, Parliament was too busy with "distractions" to devote itself to the control of the press and it was during this two- year period that the "surge of political literature began." Plates accompanying the article include the title page of several contemporary pamphlets.
Birnbaum, Harold L. "Libel by Lens." American Bar Association Journal, 52:837-39, September 1966. B36
Truth is not necessarily a defense for libel in photographic reporting.
Black, Shirley Temple. "Sex at the Box Office." McCall's, 94:45, 110, January 1967. B37
Blakey, G. Robert. "Obscenity and the Supreme Court." America, 115:152-56, 13 August 1966. B38
A review of the decisions of the U.S. Supreme Court in the area of obscenity, beginning with the acceptance of the so- called Hicklin dictum through the most recent Ginzburg decision. The author, a Notre Dame law professor, concludes: "An honest accommodation between the requirements of free speech, the hopes of legitimate artistic expression and the simple demands of common decency has been, and is being, worked out - though it is not yet perfectly realized. The thoughtful observer must surely conclude that the work of the Supreme Court in the obscenity area will rank as one of its finest achievements in recent years."
Blanchard, Robert 0. "A Watchdog in Decline." Columbia Journalism Review, 5(2):17-21, Summer 1966. B39
Suggests two broad courses of action for those who would "re- establish an effective Congressional check on federal withholding of information and news management."
Blashfield, Albert F. "Case of the Controversial Canon." American Bar Association Journal, 48:429-34, May 1962. B40
There is need for a careful re- examination of the validity of Judicial Canon 35 in the light of the present- day American mind and the technological advances in the fields of electronics and photography.
Blumer, Herbert, and Philip M. Hauser. Movies, Delinquency, and Crime. New York, Macmillan, 1933. 233p. B41
The conclusion of the study is that it is probable that movies influence about 10 per cent of delinquent boys and 25 per cent of delinquent girls.
Bobrakov, Yuri. "War Propaganda: A Serious Crime against Humanity." Law and Contemporary Problems, 31:473-78, Summer 1966. B42
The Soviet pwss- attache' in Washington urges nations to adopt legislation outlawing war propaganda as an important contribution to world peace. Since such propaganda represents a threat against society he sees no justification for protection under principle of freedom of speech.
Bogle, Allan G. "The Times" Testimonial Report of the Trial of the Action Bogle versus Lawson, for a Libel Published in "The Times" Tried at . . . Croydon . . . August 16, 1841 . . . Together with the Proceedings of a Public Meeting . . . Edited, and with a Preface, by W. Hughes Hughes. London, J. Hatchard, 1841. 108p. B43
Boll, John J. The American Library Association and Intellectual Freedom. Urbana, Ill., University of Illinois Library School, 1953. 17p. (Occasional Papers no. 35) B44
Bottini, Ronald L. Regulation of TV Sex and Violence. Columbia, Mo., Freedom of Information Center, School ofjournalism, University of Missouri, 1966. 6p. (Publication no. 165) B45
This report examines the effectiveness of special departments in all three networks and the Code Authority of the National Association of Broadcasters to regulate sex and violence in television programming.
Bradbury, Ray. Fahrenheit 451. New York, Ballantine Books, 1953. 147p. B46
In this work of science fiction the central character is a "fireman" who, in this civilization of the future, is employed by the government to burn books and the houses that contain them. His frightening difficulties come about when curiosity about ideas prompts him secretly to save from the flame some books for his own use. Fahrenheit 451 is the temperature at which book- paper catches fire and burns. A motion picture has been made from the book.
Braden, Thomas. "Why My Newspaper Lied." Saturday Review, 41(14):11-13, 42-43, 5 April 1958. B47
The difficulty in getting accurate news through the bureaucratic security policy. "It would be well for Americans to bear in mind that the battle of the press to get the whole truth from Government is their battle and that the people own this right to know.
Bradlaugh, Charles. Heresy: Its Utility and Morality. London, Freethought Publishing Co., 1882. 64p. B48
"My plea is, that modern heresy, from Spinoza to Mill, has given brain- strength and dignity to every one it has permeated - that the popular propagandists of this heresy, from Bruno to Carlile, have been the true redeemers and saviors, the true educators of the people. And if to- day we write with higher hope, it is because the right to speak and the right to print has been partly freed from the fetters forged through long generations of intellectual prostration, and almost entirely freed from the statutary limitations, which under pretence of checking blasphemy and sedition, have really gagged honest speech against Pope and Emperor, against Church and Throne.
Bradley, Duane. The Newspaper, Its Place in a Democracy. Princeton, N.J., Van Nostrand [1965] 113p. B49
Written for young readers, the book gives a concise history of freedom of the press in the United States; it considers the importance of a free press in a democracy; and it examines such issues as press monopoly, libel, and government management of the news.
Branard, Robert S. "Of Opportunity & Timidity (Censorship)." Choice; Books for College Libraries, 2:145-48, May 1965. B50
The college librarian has a standard duty to make certain his collection contains the important controversies of all time, and recent court decisions clear almost everything of literary or cultural value. Yet timidity and fear of controversy has prevented many college librarians from accepting this responsibility. "The worst censors in the field of college librarianship are the librarians themselves . . . To truly provide for his community of scholars the college librarian must not give way at any point, for any reason, to timidity, that secret, insidious censor. To do this is to betray his high responsibility."
Brand, Thomas B. "Defamation of a Group Civil and Criminal." Oregon Law Review, 33:68-77, December 1953. B51
Brant, Irving. The Bill of Rights; Its Origin and Meaning. Indianapolis, Bobbs- Merrill, 1965. 567p. B52
In the first part of this work, Brant, a journalist- historian and authority on James Madison, traces the concept of freedom of the press in British common law, from the struggle against the decrees of the Star Chamber in the suppression of heresy and sedition, through the contributions of the Levellers, the abolition of the press licensing system, the eighteenth- century trials that challenged Justice Blackstone's limited concept of press freedom, and the influence on press freedom of the ideas of Cato, Junius, and Wilkes. Part two deals with the immediate background of the creation of the Bill of Rights, especially the First Amendment, the threat to press freedom under the Sedition Act of 1798, and the interpretation of the First Amendment by successive decisions of the U.S. Supreme Court, beginning in 1907 with Patterson v. Colorado. Unlike Leonard W. Levy (Legacy of Suppression), who believes that the framers of the First Amendment accepted Blacks tone's interpretation of press freedom, Brant defends the libertarian in tention of the framers.
-------. "Seditious Libel: Myth and Reality." New York University Law Review, 39:1-19, January 1964. B53
In exploring the American attitudes back of the adoption of the First Amendment, Brant traces the concept of the English common law of seditious libel from the days of the Star Chamber and the licensing system. Legal minds in England and America could be divided into two groups - those who supported the Coke- Blackstone- Mansfield notion of limited freedom and those who were opposed. Brant argues that the framers of the First Amendment intended to reject the eighteenth- century English common law of libel. The "balancing test" was developed in America with the Sedition Act of 1798 and has been brought up from time to time by those who have been skeptical of complete freedom of expression.
Braumueller, Gerd. Das Ringen um die Pressefreiheit in den U.S.A.; eine historische Darstellung und Untersuchung der wichtigsten Phasen. Munich, 1952. 148p. (Inaugural dissertation; typescript in Library of Congress) B54
Brechner, Joseph L. News Media and the Courts. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1967. 6p. (Report no. 004) B55
"American justice must be protected not from the indiscretions of our free news media who are likewise guardians of truth and justice - but from malicious, unconscionable self- serving and gullible members of the legal profession and the subverted judgment of those in our courts who sustain and approve the efforts of lawyers to restrict the free flow of information to our citizens."
Brennan, William J., Jr. "The Supreme Court and the Meiklejohn Interpretation of the First Amendment." Harvard Law Review, 79:1-20, November 1965. B56
The author is associate justice of the U.S. Supreme Court.
Briant, Keith. Marie Stopes; a Biography. London, Hogarth, 1962. 286p. B57
A biography of the British birth control crusader and author of Married Love. Includes an account of the difficulty in publication of the work, its ban in the United States, and the various battles for freedom of birth control information.
Brickman, David. "Sanctity and Sources." American Editor, 3(1):27-34, April 1959. B58
Commentary on the implications of the Marie Torre case, relating to the protection of news sources.
Brooke, Jocelyn. "A Pyrrhic Victory?" London Magazine, 4:54-60, October 1964. B59
"I am opposed to any form of censorship, but I would suggest that novelists, now that the battle for freedom is won, might with advantage impose on themselves a certain degree ofself- censorship, merely in the interests of art."
Brown, Charles H. "Press Censorship in the Spanish- American War." Journalism Quartely, 42:581-90, Autumn 1965. B60
"Censorship during the 1898 war against Spain was more extensive and effective than historians have been inclined to grant. But the press was incautions in reporting troop and ship movements." References to censorship also appear in the author's book, The Correspondents' War: Journalists in the Spanish- American War (Scribner's, 1967).
Brown, Gene D. "Florida's Obscenity Statutes Some Recommendations." University of Florida Law Review, 18:135-44, Summer 1965. B61
Relates to movie censorship and obscene literature.
Browne, Malcom W. "The New Face of Censorship: Viet Nam Report." True, 48:30-39, 91-95, April 1967. B62
"By and large, Americans are getting the truth about Viet Nam, despite official efforts to warp it out of shape." The article reports the "disturbing facts about Washington's news manipulation."
Brueggeman, Arlene A. Analysis of Alexander Meiklejohn's Interpretation of the First Amendment of the Constitution As It Applies to A New Theory of the Press. Urbana, Ill., University of Illinois, 1963. 76p. (Unpublished Master's thesis) B63
Bryant, Barbara E. "Continuing Education Confronts the Controversial; a Course in Censorship." Adult Leadership, 13:319+, April 1965. B64
A report on a lively noncredit course called "Problems of Literary Censorship" offered as a community service by Oakland University.
Bryer, J. R. "Joyce, Ulysses, and the Little Review." South Atlantic Quarterly, 66:148-64, Spring 1967. B65
An account of the first trial of James Joyce's Ulysses brought about in New York in 1921 by publication in the Little Review. The prosecution was prompted by the New York Society for the Suppression of Vice.
Burgess, Wells D. "Obscenity Prosecution: Artistic Value and the Concept of Immunity" New York University Law Review, 39:1063-86, December 1964. B66
"It would appear, therefore, that even if the uncertainty and unfairness involved in distinguishing between work of artistic merit and artistically worthless work is overcome, the Court's refusal to extend first amendment protection to nonartistic work is open to question. This remains true whether the Court presently adheres to the balance of interest approach or to the absolute approach in ascertaining the scope of the first amendment."
Burke, Albert E., et al. "Free Press v Fair Trial: A Panel." Connecticut Bar Journal, 39:140-95, March 1965. B67
Third Annual Connecticut Bar Association Seminar for the Connecticut Press. Speakers: Albert E. Burke, Judge MacDonald, Alfred Friendly, and F. Lee Bailey.
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