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Cade, Dozier C. A Critical Analysis of the Role of American Daily Newspapers in the Current Encroachment by Government and Society on Freedom of Expression in the United States. Iowa City, State University of Iowa, 1954. 525p. (Ph.D. dissertation, University Microfilms, no. 10,197) C1
Cahn, Edmond. "Freedom of the Press: The Libertarian Standard" and "Freedom of the Press: Responsibility for Defamation." In Confronting Injustice: The Edmond Cahn Reader, edited by Lenore L. Cahn. Boston, Little, Brown, 1966, pp. 134-60. C2
Two lectures delivered in Israel, December 1962, under the joint auspices of the Hebrew University of Jerusalem and the Association of Journalists. Those who proclaim the libertarian standard of press freedom "submit that the proper function of government is to regulate men's conduct, not the expression of their opinions and beliefs; that a press is not free unless we respect its right to publish thoughts that we disapprove, reject, and detest; and that a free people will never permit government officials - their hired servants and employees - to tell them what they can or cannot read." Cahn considers in some detail, byway of example, the case of J. M. Near and the Minnesota gag law. In his discussion of defamation Cahn considers libel against public officials and social groups. Laws against group libel "are equally unacceptable whether the court admits evidence to support a defense of truth or excludes it." He discusses the Beauharnais case, noting that despite the fact that the court upheld the group- libel laws not a single state subsequently enacted such a statute and so far as he knows not a single prosecution has been instituted since Beaubarnais's.
Campbell, Lawrence M., et al. "Bar- Press Guidelines Discussion Widening." Quill, 53(3):12-17, March 1965. C3
A roundup of news events and attitudes toward pretrial publicity including a discussion of the controversial Philadelphia Bar Association "guidelines."
Canada. Committee on Broadcasting. Report, 1965. Ottawa, Queen's Printer, 1965. 416p. C4
The so- called Fowler Committee makes this report on the system of broadcasting in Canada. "The State should not restrict its participation in broadcasting to the essential grant of frequencies and channels, but should control, supervise, and encourage an excellent performance in the use the broadcasters make of the public assets they have been granted." In furtherance of this principle, the Committee makes recommendations on licensing, control, and programming of both public and private sectors of radio and television.
Canada. Special Committee on Hate Propaganda in Canada. Report . . . [Ottawa, Queen's Printer, 1966]. 327p. C5
Social- psychological effects of hate propaganda and the role of law and education as controls; the condition of the law in Canada and elsewhere; conclusions and recommendations. Appendix includes a survey of libel and related offenses in England, the United States, and Canada; United Nations action against hate propaganda; and samples of hate propaganda circulated in Canada.
Cardwdl, Richard W. "Finding a Definition for Obscenity." National Publisher, 46(6):2, 4-25, June 1966. C6
A review of the Supreme Court decisions on the Ginzburg, Fanny Hill, and Mishkin cases.
Carey, Kevin W. "Tom Swift and His Electric Electorate: Legislation to Restrict Election Coverage." Notre Dame Lawyer, 40:191-202, February 1965. C7
Several bills before Congress would withhold the broadcast of early election returns and predictions in areas where polls remain open, because of effect of the information on the vote. The author believes such legislation will not violate the First Amendment. "That which corrupts the electoral process ought not to be blindly tolerated in the name of freedom."
Carmen, Ira H. Movies, Censorship, and the Law. Ann Arbor, Mich., University of Michigan Press, 1966. 339p. C8
This study presents an analysis of "the several Supreme Court holdings that are relevant to an understanding of what film censorship may constitutionally accomplish or which will give insight into the rights of the motion picture industry as opposed to those of the other media of speech and press under the First Amendment." This is followed by a detailed examination of motion picture censorship programs in four large cities (Detroit, Chicago, Atlanta, and Memphis) and of the four state- wide agencies which, as of March 1965, were involved in prior restraint (New York, Virginia, Kansas, and Maryland). A concluding chapter evaluates "how successful the American Political system has been in transmitting the Court 5 views on free expression in this area into legislative and administrative policy- making at the local level," and what kind of censorship, if any, is desirable.
-------. State and Local Motion Picture Censorship and Constitutional Liberties with Special Emphasis on the Communal Acceptance of Supreme Court Decision- Making. Ann Arbor, Mich., University of Michigan, 1964. 458p. (Ph. D. dissertation, University Microfilms, no. 65-5280) C9
Carroll, William A. "Natural Law and Freedom of Communication under the Fourteenth Amendment." Notre Dame Lawyer, 42:219-23, December 1966. C10
"Although the Supreme Court has developed some subsidiary principles in elaborating the general principle that freedom of speech and press is included within the liberty of the due process clause, it is proposed that the questions suggested in this paper as derived from the natural law offer additional guidance to the Court."
Carter- Ruck, P. F. "Libel and Slander." Director, 18:450-53, March 1966. C11
The British laws of defamation as they relate to the businessman.
Carver, Charles. Brann and the Iconoclast. Austin, Tex., University of Texas Press, 1957. 196p. C12
The story of William Cowper Brann, newspaperman of Waco, Texas, whose vitriolic pen built the Iconoclast into a nationwide circulation, but sowed bitter seeds of hatred in Waco. Brann took out after hypocrisy and organized virtue as exemplified in Baylor University and the Baptist Church. He defended the Catholics when they were attacked by an anti- Catholic organization, known as the American Protective Association. He was horsewhipped, kidnapped by a lynch mob of Baylor students, and eventually silenced by a shot in the back by a prominent citizen on a street in Waco. See also his Collected Works.
Cary Memorial Library, Lexington, Massachusetts. Board of Trustees. ["Controversial Books"] Library Journal, 91:4572, 1 October 1966. C13
A reprinting of the Board's statement on selection of controversial books, particularly those in the area of sex frankness.
"Censorship and the Arts." Arts in Society (University of Wisconsin), 4:195-358, Summer 1967. C14
Contents: Editorial comment by Edward L. Kamarek; How to Write "The Marriage of Figaro" by Irving W. Kreutz; The Music of Frustration: McClure's The Beard; Literature and the Supreme Court by Elmer Gertz; The Supreme Court and the Social Redemption of Pornography by Tom Robisehon; Censorship: But Deliver Us from Evil by Eugene F. Kaelin; Censorship and Creativity by Campbell Crockett; The Ambiguity of Censorship by Peter Yates; and Market and Moralist Censors of a Rising Art Form: Jazz by Richard A. Peterson. Censorship 1967 (a series of symposia designed to suggest the prevailing attitudes and viewpoints held by a number of key occupational groups): Psychiatrists and Psychologists (Bryant H. Roisum, Leon A. Jakobovits, Daniel Starch, and Donald M. Kaplan); Social Scientists (Gerald Marwell and Mulford Q. Sibley); Creative Writers (Wallace Stegner, Richard Eberhart, Karl Shapiro, Erskine Caldwell, Irving Wallace, John Barth, Rex Stout, R. V. Cassill, James Drought, and Archibald MacLeish); Television Writers (Jerry McNeely, Lou Hazam, Loring Mandel, and Robert Richter); Art Gallery Directors and Concert Managers (Bret Waller, Donald Goodall, James R. Carlson, Norman A. Geske, Harold W. Lavender, and Betty Crowder); and Librarians (Edwin Castagna, Margaret Monroe, Helen Dirtadian, Ferris J. Martin, Ervin J. Gaines, William F. Hayes, Doris L. Shreve, Everett T. Moore, Gordon H. Bebeau, and Emerson Greenaway).
Center for the Study of Democratic Institutions. Blacklist: A Failure of Political Imagination. Santa Barbara, Calif., The Center, 1967. (Tape recording no. 260) C15
Although blacklisting is no longer practiced as it was in the 1950's, an insidious and subtle form, far more dangerous, remains today, according to once- blacklisted television artists Millard Lampell and John Henry Faulk. The discussion is approximately 30 minutes long.
-------. Freedom of the Press. Santa Barbara, Calif., The Center, 1966. (Tape recordings nos. 123 and 124) C16
In the first discussion, the Center staff, led by Robert M. Hutchins, consider The New York Times Co. v. Sullivan decision which gives citizens immunity to criticize public officials unless malice can be proven. Although the decision met with approval in general from those discussing it, there were misgivings about its usefulness in future cases. In the second discussion, Harry Kalven, Jr. hails the decision as the gretest First Amendment decision in the history of the Court. He suggests that the Negro protest- movement was in large measure repsonsible for forcing the Court to reach such high ground in defense of First Amendment rights. Each discussion is about 60 minutes long.
Charles, W. H. "Obscene Literature and the Legal Process in Canada." Canadian Bar Review, 44:243-92, May 1966. C17
Why has Canada's highest court so frequently had to adjudicate problems of obscenity? In answering this, the author explores the relationship between the courts and the legislature in their historical development to determine how the legal process operates within the field of obscene literature. He discusses the nature of obscenity itself and some of the underlying assumptions which have prompted Canada and other countries to prohibit free circulation of obscene matter. He concludes that the present state of the law is unsettled and will probably remain so unless further legislative action is taken.
Chernoff, George, and Hershel Sarbin. The Photographer and the Law. Philadelphia, Chilton, 1965. 128p. C18
Includes discussion of legal restraints on taking pictures (including courtroom prohibitions), invasion of privacy, nudes in photography, copyright, and libel by photography. Discusses case of Manual Enterprises v. Day.
Chleboun, William S. "California Booksellers Join Forces to Combat Censorship." Publishers' Weekly, 188:30-31, 16 August 1965. C19
Action of California booksellers in opposition to 23 obscenity censorship bills in the 1965 state legislature.
Christenson, Reo M., and Robert O. McWilliams. Voice of the People: Readings in Public Opinion and Propaganda. New York, McGraw- Hill, 1962. 585p. C20
Chapter 7, Censorship and Freedom, includes selections from J. S. Mill, On Liberty; the Ulysses case; the Miracle case; John Fischer, The Harm Good People Do; Walter Lippmann, Violent Entertainment: Stimulus to Violence? Winters v. New York, The ALA- ABPC Freedom to Read statement; The Right Not to Be Lied To (New York Times editorial, io May 1961 relating to the Cuban crisis); William J. Jorden, A Western View of Soviet Censorship; Francis E. Rourke, How Much Should the Government Tell? and Arthur Schlesinger, Jr., Censorship: the Russian Rationale.
Ciardi, John. "Expert Witness." Saturday Review, 49(1): 22, 1 January 1966. C21
Report, via John Pekkanen of the Middletown, Conn., Press, of an obscenity case against The National Insider, featuring testimony of a self- styled expert, questioned by defense attorney Elmer Gertz.
-------. "The Marquis de Sade, II." Saturday Review, 48(40): 36, 2 October 1965. C22
"The works of the Marquis de Sade, whether in the present Grove Press edition or in any subsequent selection, should be permitted full legal freedom to circulate for the simple reason that every book should have that freedom." Because the work represents the detailed sexual orgies of a sick mind, Ciardi would withhold the work from children.
-------. "Taboo Languages." Saturday Review, 49:14-15, 20 August 1966. C23
"Why are we so uneasy about the root words that describe bodily functions? By ethnic agreement it is not only shocking to use taboo language but it is sometimes held to be sinful and sometimes even to be criminal. It is, therefore, exactly such taboo language that will best express our feelings when we are enraged or socially mutinous."
Cihlar, Frank P. et al. "[Survey Note] on Obscenity." Notre Dame Lawyer, 41:753-85, June 1966. C24
Part of an anlysis of the church- state relationship in America. Particular emphasis has been given to the field of obscenity, as major evolutions have occurred culminating with the recent Supreme Court pronouncements in the Ginzburg, Fanny Hill, and Mishkin cases.
Cipes, Robert M. "Controlling Crime News; Sense or Censorship?" Atlantic, 220(2):47-53, August 1967. C25
"Without noticeable movement toward a meeting of minds, the American press and bar have been debating the conflict between a free press and the right to a fair trial. . . . Mr. Cipes here examines the controversial Reardon Committee report of the American Bar Association and the press's general outraged and sometimes fatuous response to it.'
Clayton, Charles C. "Default of a Public Trust." Grassroots Editor, 8(3):3-5, 27, May-June 1967. C26
The author examines the public's right in newspaper strikes, concluding that "either management and labor accept their responsibility to serve the public, or the people will demand legal measures to ban newspaper strikes." A subsequent article, Blackout in Carbondale, is a case study of the 128- day strike of the Southern Illinoisan.
Clemons, L. S. "The Right of Privacy in Relation to the Publication of Photographs." Marquette Law Review, 14:193-98, June 1930. C27
Clissitt, William. "The British Press Council; Its Work with the Public." Grassroots Editor, 7(3):24-26, July 1966. C28
Excerpts from an address by the secretary of the Council before the Manchester Literary and Philosophical Society.
Cochran, W. Thad. "Pre- Trial Publicity As Denial of Due Process." Mississippi Law Journal, 36:369-91, May 1965. C29
The author concludes that the only real protection is the elimination of prejudicial publicity, which might be achieved by passing laws that would extend the contempt power. This should not be necessary if the legal profession and news media would formulate and follow mutually satisfactory standards governing publicity in criminal cases.
Cockcrofr, George P., and James D. "The High Cost of Dissent." Frontier, The Voice of the New West, 17(9):79, July 1966. C30
How dissenting views by scholars may result in the withholdIng of government or private grants and subsidies.
"Codes and Censorship." In International Motion Picture Almanac, 1965. Charles S. Aaronson, ed. New York, Quigley Publications, 1965, pp. 775-91. C31
Includes: Motion Picture Production Code, Motion Picture Advertising Code, Censorship Boards in the U.S., Public Reviewing Groups, and Motion Picture Councils.
Cole, Georgia. "Controversial Areas in Library Materials." Bulletin of the National Association of Secondary School Principals, 50:31-36, January 1966. C32
Colquhoun, Iain. "Trial by the Press; Crime Reporting Stirs Widespread Controversy." IPI Report (International Press Institute), 6(2):7-8, June 1957. C33
Discussion in Britain following the trial of Dr. John Bodkin Adams.
Columbia Broadcasting System. Network Practices; Memorandum Supplementing Statement of Frank Stanton, President, Columbia Broadcasting System, Inc. Prepared for the Senate Committee on Interstate and Foreign Commerce. New York, C.B.S., 1956. 143p., 66p. C34
Includes a section which examines the several charges against the networks and proposals for change including the licensing and regulation of networks. Of the latter the report states: "Nothing in the nature of television broadcasting or of current practices warrants, or even permits, so radical a departure from existing concepts and so dangerous a philosophy of Government intervention."
A Commentary on the Licentious Liberty of the Press, In which the recent Publication, entitled "Memoirs of Harriet Wilson," is severely censured. By a student of the Inner Temple.
London, Sold by J. Robins. 1825. 24p. C35
An attack on the abuse of freedom of the press. The author charges that, with the publication of the Memoirs, "the press is now the asylum for those retiring from the public lewdness of their despicable scenes. It is open to all vice and uninfluenced by every virtue." He calls for moral controls of the press.
"Constitutional Limitations to Long Arm Jurisdiction in Newspaper Libel Cases." University of Chicago Law Review, 34:436-52, Winter 1967. C36
New Tork Times Co. v. Connor, 365 F. 2d 567 (5th Cir. 1966).
"Constitutional Problems in Obscenity Legislation Protecting Children." Georgetown Law Journal, 54:1379-1414, Summer 1966. C37
"Together, the two New York statutes represent the most carefully reasoned and precisely drafted attempt to date to prohibit the dissemination of material deemed objectionable to minors."
"Constitutionality of the Law of Criminal Libel." Columbia Law Review, 52:521-34, April 1952. C38
"Fundamentally, the concept of criminal prosecution for the publication of defamatory statements is inimical to the principle of freedom of the press embodied in the Federal Constitution." A solution lies not in a frontal attack on this body of law but "in reading into the Federal Constitution some of the major limitations imposed by state courts and legislatures upon the stricture of criminal libel as originally developed by Star Chamber."
"Contempt by Publication." Northwestern Law Review, 60:531-49, September-October 1965. C39
Recommends that the Supreme Court abandon the "clear and present danger" test and return to the "reasonable tendency" test for punishing contempt by publication.
Cope, J. P. "Shadow of Censorship over South Africa." IPI Report (International Press Institute), 1(10):1-2, February 1953. C40
Clash between the Malan government and the English press brings threats of control on papers and correspondents.
Corbett, Edward P. J. "Raise High the Barriers, Censors." America, 54:441-44, 7 January 1961. (Reprinted in Laser and Fruman, Studies in J. D. Salinger. New York, Odyssey, 1963, pp. 134-41) C41
An examination of various charges made against the novel, The Catcher in the Rye, together with arguments in its defense.
Coren, Alan. "Yes, Filth, M'Lud, but Beautiful Filth." Punch, 252:223-24, 1 February 1967. C42
A whimsical piece, complaining that the author had not been invited to testify in court on behalf of certain banned books because he was unable to get hold of advance copies to read.
Corry, John. "The Manchester Papers." Esquire, 67(6):82-91, 124-27, 164-71, June 1967. (Also published in book form by Putnam's.) C43
From documents, memoranda, and calculated news leaks "a disinterested observer seeks the truth" in the complex and tortuous story of William Manchester's book, The Death of a President. In the same issue (pp. 92-94) Gay Talese describes in The Corry Papers - "what happened to the disinterested observer who sought the truth."
Cossart, Theophilus, peud. A Full and True Account of the Prodigious Experiment Brought to perfection in Boston at Father Burke's Academy to the Glory of God, The Propagation of Truth and the Suppression of Venery. New York, Printed by Marchbank Press for the Author, 1928. 19p. C44
A humorous tale in verse of "Father" Burke who conducted an academy in Boston where the young were forced to read risque books and denied the usual Dickens, Eliot, and Scott. Such fare inoculated them against evil books in later life and encouraged them to read the good books formerly banned. "They're through with vicious ways and sinful,/ Who've known the worst, and had a skinful." The verse is preceded by an Introduction to Father Burke's Academy, Being a Short Life of Father Burke by Montague Glass.
Coupe, Bradford. "The Roth Test and Its Corollaries." William and Mary Law Review, 8:121-32, Fall 1966. C45
Commentary on the obscenity rulings of the U.S. Supreme Court in Roth v. United States (1957) and later decisions in the Ginzburg, Mishkin, and Fanny Hill cases. "Under the present status of the law, it is unclear whether the evils of obscenity are that it criminally arouses the minds of men, or that it is without any redeeming value to society such as to warrant its distribution."
"Court Stirs a Hornet's Nest." Christian Century, 83:451-52, 13 April 1966. C46
Comments on the three split decisions on obscenity rendered by the U.S. Supreme Court on 21 March 1966.
Cowen, Zelman. "Prejudicial Publicity and the Fair Trial: A Comparative Examination of American, English and Commonwealth Law." Indiana Law Journal, 41:69-85, Fall 1965. C47
-------, et al. Fair Trial vs. A Free Press. Santa Barbara, Calif., Center for the Study of Democratic Institutions, 1965. 36p. (Occasional Paper on the Free Society) C48
The nationwide debate on the issues of a fair trial versus a free press that grew out of the events of the Kennedy assassination, led to a series of discussions at the Center, which are reported here. Zelman Cowen, dean of the University of Melbourne Law School, discusses the comparative English, British Commonwealth, and American approaches; there are statements of two practicing journalists, Alfred Friendly, managing editor of the Washington Post and chairman of the Press- Bar Committee of the American Society of Newspaper Editors, and Gene Blake of the Los Angeles Times. W. H. Parker, chief of police of Los Angeles contributes a paper on the problems from the standpoint of the law enforcement officer; and Donald H. McGannon, president of Westinghouse Broadcasting Co. contributes a paper on the role of television. The appendix contains the text of Canon 20 of the American Bar Association Canons of Ethics, the Oregon Bar- Press- Broadcasters Joint Statement of Principles, and the Massachusetts Guide for the Bar and News Media.
Coyne, John R., Jr. "The Pornographic Convention." Library Journal, 91:2768-73, 1 June 1966. C49
The author argues that the librarian's world and literature itself is threatened by the "pornographic convention" and that it is up to the librarian to speak out. He criticizes the American Library Association for helping to destroy one set of standards in selection of better books without substituting another, for viewing controversial literature as something sociological which acts upon man in society, rather than for the effect such work has upon literature itself
Crow, Peter. Fair Trial Free Press Case Study. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1966. 4p. (Publication no. 158) C50
A study of the Hackworth murder case, showing the influence of the Katzenbach guidelines in the relation between bar and press.
-------. New York "Times" Strike, 1965. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1965. 8p. (Publication no. 151) C51
Consideration of the forces at work in the as- day strike of New York papers in the fall of 1965.
-------. Toward a New Copyright Law. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1966. 4p. (Publication no. 156) C52
A discussion of the points of conflict in the proposed revision of the copyright law.
[Cullen, Paul Cardinal]. Report of the Action of Libel brought by the Rev. Robert O'Keeft, P. P. against His Eminence Cardinal Cullen. With an Introduction by Henry Clare Kirkpatrick. London, Longmans, Green, 1874. 600p. C53
A charge of published libel was brought by a parish priest against Cardinal Cullen, Primate of Ireland. The case is significant because it calls into account in a court of civil law an ecclesiastical superior of the Roman Catholic Church. Under advice of the Lord Chief Justice, the jury found for the plaintiff and assessed damages of one farthing.
[Cunliffe, David A.]. ["Golden Convolvulus Trial"]. Poetmeat, No. II, Summer 1966. C54
Most of the issue of this avant- garde magazine, published in Blackburn, England, deals with the trial of the editor (Regina v. Dapid Alexander Cunliffe) for an article entitled The Golden Convolvulus in the summer 1965 issue. The present issue quotes from defense testimony, contains a censorship cartoon by Arthur Moyce, and a statement protesting police censorship (the offices of the magazine had been raided) signed by various American and English authors and editors. Cunliffe was found not guilty of publishing an obscene article, but guilty of sending an indecent book through the mail and was fined [[sterling]]50.
Cyr, Helen "Case of the Book That Wasn't There." Top of the News, 22:265-68, April 1966. C55
Account of an organized effort to remove certain books on the background and history of the Negro from Oakland (Calif.) school libraries. Members of the Citizens Committee for Common Sense in the Schools attacked the books as "atheistic" and "communistic."
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