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Sachs, Emanie. "The Terrible Siren." Victoria Woodhull (1838-1927). New York, Harper, 1928. 423p. S1
This biography of the colorful Victoria Claffin Woodhull, stockbroker, spiritualist, free love advocate, candidate for the Presidency, and, in later life, the wife of a respectable English banker, has references throughout to issues of free speech, censorship, and libel. Mrs. Woodhull, with her sister Tennessee Claflin, published Woodhull & Claflin weekly in New York during the 1870's. The paper attacked many revered institutions and personages and in 1872 was suppressed by Anthony Comstock for its charges of infidelity against the Rev. Henry Ward Beecher. The sisters were sent to a New York jail. Many years later Victoria's English husband, John Biddulph Martin, brought suit for libel against the British Museum for possessing a copy of The Beecher- Tilton Scandal. The libel trial is reported in Chapter 17. Two recent biographies of Victoria Woodhull are: (1) Johanna Johnston, Mrs. Satan; The Incredible Saga of Victoria C. Woodhull. New York, Putnam's, 1967. 319p. (2) M. M. Marberry, Vicky; A Biography of Victoria C. Woodhull. New York, Funk & Wagnalls, 1967. 344p.
St. John- Stevas, Norman. "Censorship in the Church." Books and Bookmen, 12(7):15-16, April 1967. S2
While the Roman index of forbidden books was abolished by the Vatican Council, "the Catholic Church has not dismantled its general system of prior censorship which remains fully in force . . . It seems to me that the disadvantages now far outweigh the advantages and the ecclesiastical system of compulsory censorship should be abolished."
Salisbury, Harold E. A Survey and Analysis of Current Attitudes toward Censorship of the Legitimate Theatre in the United States. Los Angeles, University of Southern California, 1961. 176p. (Ph.D. dissertation, University Microfilms, no. 61-3825) S3
According to this study, current American attitudes are based upon Christian rather than Puritan objections to the theater, with major concern over protecting the young from obscenity.
Sargent, John A. Self Regulation: The Motion- Picture Production Code, 1930-1961. Ann Arbor, Mich., University of Michigan, 1963. 277p. (Ph.D. dissertation, University Microfilms, no. 63-5013) S4
"The main object of this dissertation is to document the history of the Motion Picture Production Code through an examination of the Code in theory and the Code in practice. A further purpose is to determine how critics affected the administration and application of Code regulations."
Schauerte, Bud. Yes, There Is the Right to Know. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1967. 3p. (Report no. 003) S5
The writer takes issue with J. C. Merrill (Report no. 002) in defining "the people's right to know."
Schechner, Richard. "Pornography and the New Expression." Atlantic, 219:74-78, January 1967. S6
The author reports on a new "atavistic, cohesive and participatory revolution" - a revolution of the flesh which is engulfing the culture of the Western world. "The new expression seems pornographic and obscene only when it threatens our sexual taboos . . . The least interesting part of the new expression is its literature . . . At best, publication of new, sexy titles and the reissuing of classics are efforts to keep up with change . . . When authentic, the new expression rejects the sequential logic of print for the simultaneous tumult of experience.
Scheiber, Harry N. The Wilson Administration and Civil Liberties, 1917-1921. Ithaca, N.Y., Cornell University Press, 1960. 69p. (Cornell Studies in American History, Literature, and Folklore, no. 6) S7
Chapter 3 deals with the censorship practices of Postmaster General Burleson under the Espionage Act.
Schmidtchen, P. W. "Progress, Where Is Thy Sting? History of Book Censoring." Hobbies, 71:108-9+, March 1966. S8
"Schools Ban Art Magazine." Artscan, 109/10:1, 11, June-July 1967. S9
Edmonton, Canada, public schools ban Artscan magazine because of its alleged emphasis on "eroticism and sexual allusions.''
Schramm, Wilbur, Jack Lyle, and Edwin B. Parker. Television in the Lives of Our Children. With a Psychiatrist's Comment on the Effects of Television by Lawrence Z. Freedman. Stanford, Calif., Stanford University Press, 1961. 324p. S10
Responses from 6,000 children, 2,000 parents, and several hundred teachers. Questions asked include: Does television often frighten children? Does it teach violence to children? Does it cause juvenile delinquency? To the last the answer is: Television can contribute but can hardly be the basic cause.
Schultheiss, Thomas. "Conrad on Stage Censorship." American Notes & Queries, 5:117-18, April 1967. S11
Reference to Conrad's attitude toward the stage censor expressed in 1907 in a Daily Mail article and in a letter to Galsworthy.
Schultz, James. Editorials and Electioneering Laws. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1967. 4p. (Publication no. 174) S12
The case of the Birmingham editor arrested for violating the Alabama Corrupt Practices Act by publishing an election- day editorial favoring a referendum on the city's form of government. The U.S. Supreme Court declared the law unconstitutional.
"Scope of Supreme Court Review in Obscenity Cases." Duke Law Journal, 1965:596-608, Summer 1965. S13
Scopes, John T., and James Presley. Center of the Storm: Memoirs of John T. Scopes. New York, Holt, Rinehart, and Winston, 1967. 277p. S14
Scopes was the defendant in the famous "monkey trial" of 1925 in which the constitutionality of Tennessee's antievolution act was tested.
Scott, Barbara. "Motion Picture Censorship and the Exhibitor." Film Comment, 2(4):56-60, Fall 1965. S15
A review of the legal progress made in recognizing freedom for motion pictures, with special attention to the case of Freedman v. Maryland involving the constitutionality of the Maryland censorship statutes and prior licensing of a nonobscene film. "I predict that with total industry cooperation, motion picture censorship in the next ten years will be only a subject for the history books."
Seaton, Richard H. "Obscenity: The Search for a Standard." University of Kansas Law Review, 13:117-24, October 1964. S16
Roth v. United States, 354 U.S. 476 (1957).
Sebastian, Raymond F. "Obscenity and the Supreme Court: Nine Years of Confusion." Stanford Law Review, 19:167-89, November 1966. S17
"Whether the Supreme Court has promulgated intelligible standards for identifying obscenity and for determining in what circumstances obscenity, when once identified, may be constitutionally suppressed is the question which this Note attempts to answer." Regarding Mishkin v. New York, Ginzburg v. United States and Fanny Hill v. Attorney General.
Segal, Robert M. "Fair Trial and Free Press - An Analysis of The Problem." Massachusetts Law Quarterly, 51:101-16, June 1966. S18
One of the escapes from the dilemma posed by the desire to keep the press free of restraint and to assure fair trial for the accused is the Bar- Press Code. The Massachusetts version is appended.
Seldes, George. One Thousand Americans. New York, Boni & Gaer, 1947. 312p. S19
One thousand Americans, interested in property rights rather than the general welfare, stand in the way of progress. Control is effected through the National Association of Manufacturers to the press and hence to Congress. In a section on "big magazines" Seldes shows that "a few men, whose interests are identical with that of the National Association of Manufacturers," are in control. The appendix lists newspaper press controls of radio stations, press in chains, DuPont influence on the press, ownership statements on Time and the Curtis Publishing Co., and "the suppressed U.S. War Department expose of fascism."
-------. You Can't Do That: A Survey of the forces attempting, in the name of patriotism, to make a desert of the Bill of Rights. New York, Modern Age Books, 1938. 307p. S20
The forces include the American Legion, the DAR, Chambers of Commerce, the American Navy League, the National Security League, and certain large business organizations, particularly newspaper publishers. Almost all newspapers of the country, Seldes charges, are business concerns, placing profits above public welfare. "The history of the American Newspaper Guild offers the best proof that the press is the enemy of the people and that the bulwark of our liberties is therefore collapsing." Appendix includes a list of organizations defending civil l~berties in the United States and a bibliography on civil liberties.
Semonche, John E. "Definitional and Contextual Obscenity: the Supreme Court's New and Disturbing Accomodation." UCLA Law Review, 13:1173-1213, August 1966. S21
"The new contextual test for obscenity [Ginzburg case] by- passes the patent offensiveness and social value elements of Roth and considers prurient interest only in an imprecise way. If the promotion and marketing methods of the disseminator of material that would be protected under the definitional approach is such that he is found to be making an appeal, successful or not, to the prurient interest of his potential customer, then his own evaluation of the material, as determined by the court, will convict him."
Sha, Shiva C. A Concept of a Planned Free Press. Calcutta, India, Bookland Private Press, 1958. 92p. S22
Shaffer, Helen B. Protection of Privacy. Washington, D.C., Editorial Research Reports, 1966. (Editorial Research Reports, 1:283-99, 1966) S23
Includes new controls to protect the privacy of the U.S. mails.
Shaw, Bernard. "The Censor Censured." Shavian, 13:20-23, September 1958. S24
In a letter to Bache Matthews of the Birmingham Repertory Theatre, Shaw comments on the Lord Chamberlain's censorship requirement for licensing of Back to Methuselah. The parody of the Athanasian Creed must be withdrawn, two characters must not be made up to resemble Lloyd George and H. H. Asquith (these gentlemen will be disappointed, Shaw observes), and "usual conventionalities of dress" should be observed in representing Adam and Eve.
Shaw, Robert M. "The Danger of Getting Used to Lies." Vital Speeches, 32:332-34, 15 March 1966. S25
The manager of the Minnesota Newspaper Association accuses many government leaders of not only managing the news but bragging about it. He urges newspapermen to speak up and defend their profession.
Shaw, Roy. "TV Control and Responsibility." Censorship, 2(4):6-14, Autumn 1966. S26
"The accusation of censorship within the [British] broadcasting organisation is not proven, and may simply reflect a creative artist's impatience with complex editorial controls. The claim, at the other extreme that there is urgent need for external control from a Broadcasting Council and a consumer movement seems equally ill- founded. Despite the Press Council, there are far more abuses of freedom in the popular press than there are in television."
Shawcross, Hartley W., baron. "The Shadow of the Law." Encounter, 26:78-89, March 1966. (Comment by Sir Linton Andrews, July 1966) S27
Lord Shawcross, who chaired the 1962 Royal Commission on the Press, examines various issues involving press freedom in Great Britain - the right of privacy, the law of libel, qualified privilege, contempt by publication, and the protection of state secrets. He notes differences between British and American law relating to the press and calls for certain legal reforms. "Newspapers in seeking to obtain and publish information which it is in the public interest to know are beset on all sides with doubts and arguments as to what they may properly disclose. Often these have to be resolved at once, perhaps late at night, or the news becomes stale. Newspapers generally take care to prevent the publication of anything untrue. When they act in good faith and with a true sense of public responsibility they shou,d be protected if occasionally they go wrong."
Shenker, Morris A., and Cordell Siegel. "Cause Celebre: The Problem and The Solutions." St. Louis University Law Journal, 11:152-79, Winter 1967. S28
In solving the problem of free press versus fair trial there must be an all- out effort. "The professions must police themselves internally; legislatures must enact statutes giving the courts the power to punish summarily in limited cases; the courts must use their contempt powers as well as the procedural remedies."
Sheridan, Thomas. An Humble Appeal to the Public, together with some considerations on the present critical and dangerous state of the Stage in Ireland . . . Dublin, 1758. 46p. S29
Sherwin, Robert V. Legal Aspects of Photography. Philadelphia, Chilton, 1957. 126p. (Modern Camera Guide Series) S30
Includes sections on obscenity, libel, invasion of privacy, and copyright.
Shipley, Carl L. "Privacy Invasion by Telecast." Federal Bar Journal, 15:186-93, April-June 1955. S31
In the absence of television case law the station manager must rely on the analogous experience of the motion picture, newsreel, and news photograph industries.
"Showdown Coming on the Billion- Dollar `Smut Industry.'" U.S. News, 59:68+, 6 December 1965. S32
"There is growing concern over the torrent of obscene material sent to youngsters. Supreme Court may set a border between free speech and smut."
"Showdown in the Southwest." Time, 87(6):44, 11 February 1966. S33
Concerns a New Mexico weekly editor's successful libel suit against a reader who claimed his written views followed the Communist line.
Siepmann, Charles. Radio in Wartime. New York, Oxford, 1942. 32p. (America in a World at War no. 26) S34
Deals with radio propaganda, the monitoring of both domestic and foreign broadcasts, and the work of the Defense Communications Board to meet the national defense requirements.
Sigourney, Andre R. "Fair Trial and Free Press - A Proposed Solution." Massachusetts Law Quarterly, 51:117-29, June 1966. S35
Includes text of a proposed bill in the Massachusetts House that would restrict only the most prejudicial publicity items and impose only mild sanctions for their divulgence and publication.
Silber, Alan. "The Supreme Court and Obscenity: The Ginzburg Test - Restriction of First Amendment Freedoms Through Loss of Predictability." Rutgers Law Review, 21:56-72, Fall 1966. S36
"The achievement of the Ginzburg formulation most likely will be to increase confusion in an already intolerably confused area. The role of the individual judge's value judgment of the material - and now his evaluation of the defendant's business - is not bridled by meaningful judicial standards."
Silver, Isadore. "Privacy and the First Amendment." Fordham Law Review, 34:553-68, May 1966. S37
"While libel `interests' are known, privacy is a bit more mysterious . . . Invasion of privacy, at least by communications media, is a relatively new area of law, with its own amorphous principles, and some clearing of the mystery concerning the interest it is designed to protect is necessary. It is only then that constitutional problems can be fruitfully analysed."
Silverman, Betsy M. "Sale of Smut Can Be Stopped." Parents Magazine, 40:48, 98, January 1965. S38
"Here's what local groups should do to protect children from mail- order and newsstand pornography."
Smith, Charles W., Jr. Public Opinion in a Democracy; A Study in American Politics. New York, Prentice- Hall, 1939. 598p. S39
Includes chapters on propaganda and censorship, pressure groups, artificial restraints on opinion, patriotism and radicalism, public opinion in wartime, and public opinion and the Supreme Court.
Smith, Francis. An Account of the Injurious Proceedings of Sir G. Jeffreys . . . late Recorder of London, against F. Smith, Bookseller, with his arbitrary carriage towards the Grand- Jury at Guildhall, Sept. 16,1680, upon an Indictment then exhibited against . . . F. Smith for publishing a Pretended Libel: entituled, An Act of Common- Council for Retrenching the Expenses of the Lord Mayor and Sheriffs of the City of London, etc. London, [1681?]. S40
Smith, J. W. B. "Subversive Propaganda, the Past and the Present." Georgetown Law Journal, 29:809-28, April 1941. S41
"The immediate adoption of a program to counteract subversive propaganda, placing primary emphasis on publicity and information . . . coupled with vigorous enforcement of existing legislation . . . should, if properly administered and coordinated, go far toward defeating this elusive attack." The propaganda of acts in redressing economic and social problems is more effective than the propaganda of words.
Smith, William R., Jr. "Free Press- Fair Trial: First Duty of the Bar Is To Correct Its Own Failings." Florida Bar Journal, 39:921-27, September 1965. S42
"Prosecutors and defense counsel alike must exercise enlightened self- restraint and in the absence of the courts and disciplinary committees must act to enforce Canon 20." The press, he believes can promulgate and honor a voluntary code.
Smythe, Dallas W. "Freedom of Information: Some Analysis and a Proposal for Satellite Broadcasting." Quarterly Journal of Economics and Business, 6:7-24, August 1966. S43
Proposals relate to a world- wide broadcasting system.
Some Thought Upon the Prosecutions of Libels by Way of Information. Addressed to All Persons Who May Be Summoned to Serve upon Juries. London, J. Walker, 1719. 1p. S44
Sontag, Susan. "Feast for Open Eyes." Nation, 198:374-76, 13 April 1964. S45
An analysis and defense of the avant- garde film, Flaming Creatures, which met with police hostility.
Sowle, Claude R. "Free Press and Fair Trial: Some Predictions and Suggestions." Nieman Reports, 20(4):18-20, December 1966. S46
The author recommends that newspaper publishers employ an able member of the Bar as a paid consultant in the area of free press- fair trial problems, to work with the newspaper's decision makers in drawing up a sound policy on news coverage of criminal matters, and once such guidelines are established to monitor the paper's adherence to them.
Spock, Benjamin. "How Can We Protect Our Children from Obscenity." Redbook, 124:18+, April 1965. S47
Until obscenity laws are enforced or changed to give greater protection for children and until popular taste becomes revolted by excess license and swings back toward propriety, it is up to parents to protect their children from the shock of obscenity. Parents should keep track of what their children are reading and viewing. They should make their feelings known to neighborhood newsdealers and movie houses that are patronized by children and teenagers.
-------, and Paul Goodman. "Civil Liberties and the Juvenile: In the Library & Bookstore." Civil Liberties, 244:4-6, March 1967. S48
Dr. Spock argues that "men must have moral values - however relative - and that society cannot afford to let them be destroyed or even changed too abruptly." He advocates two levels of tolerance. "What is allowed to be displayed openly on newsstands and in bookstores, shown on television during children's viewing hours, shown in theaters open to all ages should only be what average citizens would consider not disturbing to children, not debasing to children's ideals. This would not mean that immorality could not be honestly dealt with. For adults over 18, plays, movies, late TV programs, books, magazines should be allowed to deal seriously or lightly with sexual or other categories of immorality, for the purpose of edifying, producing catharsis of emotions, amusing or providing escape." Such works should be labeled and reserved for adults only, and a presentation should not be allowed if in a court's opinion it would degrade or tantalize the feeling of the average citizen or offend his moral values. Goodman disagrees with Dr. Spock's protection of the adolescent. "The young will conspiratorially get what they want anyway, whether pornography or drugs, but the atmosphere of conspiracy prevents moral maturation, as well as the possibility of advising them." There is a use for high- grade pornography, but sadistic images are unhygenic to masturbate to since guilt prevents relaxation and release, and censorship increases the prevalance of the sadistic association. Instead of suppressing the obscene we must help young people to "cope with brute realities by common reason, justice, compassion, and affection."
Steigleman, Walter A., and Paul Jess. "Publication of Names of Juvenile Offenders." Journalism Quarterly, 37:393-97, Summer 1960. S49
"A national survey of newspaper policies indicates that an increasing number of youthful criminals may expect to see their names in print in the future, particularly where editors view publication as a deterrent to crime. Even in states with restrictive statutes many editors find ways to lessen the limitations."
Stein, M. L. Freedom of the Press; A Continuing Struggle. New York, Messner, 1966. 190p. S50
Commentary on current issues dealing with press freedom in the United States - censorship and national security, libel, post- office censorship, influence of advertisers and pressure groups on the news, responsibility of the press in presenting a variety of views on controversial issues, and free press and fair trial. There are chapters on freedom of the press in other countries; television broadcasting, and the movies.
Steinberg, Harris B., et al. "Symposium: Fair Trial - Free Press." Criminal Law Bulletin, 2:3-37, April 1966. S51
Panelists: Justice Bernard S. Meyer, Herbert Brucker, Frank G. Raichle, and Harris B. Steinberg, moderator.
[Stephen, Sir James F.]. "The Law of Libel." Cornhill Magazine, 15:36-46, January 1867. S52
A brief sketch of the historical development of British libel law together with appraisal of the present (1867) statutes. "We do not believe that the law has ever before been stated in a manner so favourable to journalists."
[Stephen, Sir Leslie]. "Art and Morality." Cornhill Magazine, 32:91-101, July 1875. S53
The author examines the "pretentious fallacy" used by authors accused of writing an immoral book that "art and morality are two different things, and that a critic has no business to judge a poem by the rules which he would apply to a sermon."
Stephens, Kenneth D. "Privileged Communications - News Media - A `Shield Statute' for Oregon?" Oregon Law Review, 46:99-112, December 1966. S54
An analysis of a proposed "shield statute" model supported by the Oregon Newspaper Publishers Association.
Stern, Gerald. "The Two Forums of a Criminal Trial: The Courtroom and the Press." Syracuse Law Review, 14:450-71, Spring 1963. S55
Stevens, John D., Robert L. Bailey, Judith F. Krueger, and John Mallwitz. "Criminal Libel vs. Seditions Libel, 1916-65." Journalism Quarterly, 43:110-13, Spring 1966. S56
"This study undertakes to examine some aspects of criminal libel cases that resemble seditious libel prosecutions, as reported in West's American Digest system, during the last half- century. Of the 148 criminal libel cases reported during this period, the study examines the 31 which were brought for criticism of public officials and which found their ways to the highest courts in their states or to the federal courts."
Straton, H. H. "The Church Faces the Problem of Pornography." Church Today, 9:3-5, 24 September 1965. S57
Struve, John G. "Contempt by Publication Fair Trial v. Freedom of the Press." Willamette Law Journal, 4:31-53, Spring 1966. S58
Sullenberger, Lloyd. "Sheppard v. Maxwell: Free Speech and Press v. Fair Trial." William and Mary Law Review, 8:143-51, Fall 1966. S59
Sheppard v. Maxwell, 86 S. Ct. 1507 (1966).
Sullivan, Ann. "Annette Buchanan's Fight to Protect a Reporter's Sources." Quill, 54(8):12-14, August 1966. S60
The case of the managing editor of University of Oregon's Daily Emerald, found guilty of contempt of court for shielding news sources in an article on student use of marijuana.
Sulzberger, E. J., Jr. "Privacy Invaded by Wrongful Presentation of Privileged News." Washington and Lee Law Review, 17:279-86, Fall 1960. S61
Concerns Aquino v. Bulletin Co., 154 A. 2d 422 (Pa. 1959), whether an otherwise privileged newspaper article can be made so sensational as to constitute an unwarranted invasion of privacy by going beyond the recognized limits of decency.
Summers, Robert E., and Harrison B. Summers. Broadcasting and the Public. Belmont, Calif., Wadsworth, 1966. 402p. S62
Chapter 7 deals with Broadcasting and Government; Chapter 13 with The Public Interest.
"Survival of Right of Privacy Action." Illinois Law Review, 41:114-18, May-June 1946. S63
Notes on an Arizona Supreme Court decision, Reed v. Real Detective Publishing Co., Inc., 162 P. (2d) 133 (1945).
Sussman, Irving, and Cornelia Sussman. How to Read a Dirty Book, or The Way of the Pilgrim Reader. Preface by Anne Fremantle. Chicago, Franciscan Herald, 1966. 139p. S64
"Examining arguments for and against reading dirty books, the authors offer a way out of the morass of misunderstanding particularly the misunderstandings of the Judaeo- Christian cultural perspectives. Literature, whether dirty or clean, is presented as something to be read not only as history, but as life itself. The dictum that there are no dirty books, only dirty minds, is qualified by a clear discussion of the distinction between a dirty book and those pornographic (non- literature) commodities printed by smut- peddlers."
Sutherland, Arthur E. "Crime, Courts, and Newspapers." Nieman Reports, 10(2):39-45, April 1956. S65
Memorandum prepared by Professor Sutherland of the Harvard Law School to brief the Nieman Fellows for a seminar. He raises questions relating to the conflict of interest between the right of a fair trial and the right of the people to know.
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