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Borrow, George. Celebrated Trials and Remarkable Cases of Criminal Jurisprudence from the Earliest Records to the Year 1825. London, Knight and Lacy, 1825. 6 vols. B405 §
Includes a number of sedition and censorship trials, listed elsewhere in this bibliography under the name of the defendant.
Borthwick, John. Observations upon the Modes of Prosecuting for Libel, According to the Laws of England. London, Ridgway 1830. 44p. B406
-------. Treatise on the Law of Libel and Slander, as Applied in Scotland, with Appendix of 48 Unreported Cases. Edinburgh, W. & C. Tait, 1826. 491p. B407
Bose, Sudhindra. "Book Censorship in America." Modern Review (Calcutta), 55: 286-88, March 1934. B408
Criticism of the United States Customs laws restricting obscene and radical works.
Boston. Advisory Committee on Sex Publications. Constitution. Boston, The Committee, 1921. 3p. mimeo. B409 §
Boston booksellers, seeking expert advice on sex hygiene books that were "flooding the country" after World War I, organized an Advisory Committee on Sex Publications. It consisted of three physicians, two representatives of the Watch and Ward Society, and two booksellers. The purpose of the Committee was "to act as a voluntary board to assist publishers, booksellers, and any organization or group of citizens interested in the public welfare, and to this end pass upon the suitability for publication and distribution of popular sex publications."The Committee decided whether the books were suitable for (1) general distribution, (2) medical and legal professions only, or (3) unsuitable. Publishers were encouraged to submit manuscripts of sex hygiene books to the Committee for its opinion before publication.
"Boston Discusses Its Censorship Problem. Publishers Weekly, 111: 2118-19, 28 May 1927. B410
A news report on a public meeting in Boston called by the Woman's City Club, to find a solution to the mass censorship wave in that city. Rev. Raymond Calkins spoke for the Watch and Ward Society; Hiller C. Wellman, librarian of Springfield, pleaded for tolerance and for frankness in modern literature and urged revision of the obscenity laws; Publisher Alfred Harcourt suggested that Boston had gotten itself into a ridiculous situation in censorship as a result of "too much machinery."
"The Boston Trial of Naked Lunch." Evergreen Review, 9(36):40-49, 87-88, June 1965. B411 §
Excerpts from the testimony of Norman Mailer and Allen Ginsberg in behalf of William S. Burroughs' Naked Lunch, the defendant, in Boston's Superior Court. There is also a statement from Edward de Grazia, defense attorney for the book and its publisher, Grove Press.
"Boston's Book Censorship." Literary Digest, 93:31-32, 2 April 1927. B412
Press comments on the banning by Boston police of nine current novels including The Plastic Age by Percy Marks and As It Was by Helen Thomas.
Bostwick, Andrew L. "Censorship of Moving Picture Films." National Municipal Review, 2:332-33, April 1913. B413
Bostwick, Arthur E. "The Librarian as a Censor." Library Journal, 33:257-64, July 1908. (Also in his Library Essays, New York, Wilson, 1920, pp. 121-39) B414
§
Discussion of the censorship activities of the librarian who selects books for the general public. Bostwick recommends three bases for such book selection-"the Good, the True, and the Beautiful." The librarian should inquire of a questionable book whether it is objectionable "because of falsity, of evil morality or of impropriety." The author was librarian of the St. Louis Public Library.
Boswell, Peyton. "Cultural Censorship." Art Digest, 16: 3,15 April 1942. B415
Brief comments on the banning of Life magazine in Boston for reprinting six nude pictures then on public exhibition at the Dallas Art Museum.
-------. "Protection against Maturity." Art Digest, 12:3-4, 1 October 1937. B416
Comments on the conviction of a New York art supplies firm for selling The Body Beautiful, a volume of nude photographs published for artists and art students. The book was seized by a police officer on complaints from unnamed citizens.
Bothwell, Mrs. Austin. "The Problem of Controlling the Reading of Undesirable Periodical Literature; Brief Presented to Saskatchewan Library Advisory Council." Ontario Library Review, 31:125-36, May 1947. B417
The librarian of the Province summarizes arguments for and against certain classes of periodical literature (salacious and pornographic, low grade crime, love and westerns, confession magazines, movie magazines, and comic books) and presents various suggestions for controlling their circulation. Among the possible methods of control are: legal (Criminal Code, postal regulations, Customs Act, embargo, and grading of publications as "adult" and "juvenile"), the counterattack with good reading, influencing the content of undesirable publications, intelligent use of comics, and immunization of children against undesirable literature.
Bottiger, R. Ted. "Washington Comic Book Statute." Washington Law Review, 34:160-67, Summer 1959. B418
Notes on Adams v. Hinkle, 51 Wn. 2d 763, 322 P. 2d 844 (1958), in which the Washington State Supreme Court declared void the 1955 state "Comic Book Act," which attempted to give the State supervisor of children and youth services regulatory control over the publication and distribution of comic books to be sold in that state.
Boudin, Louis B. "Freedom of Thought and Religious Liberty under the Constitution." Lawyers Guild Review, 4(3):9-24, June-July 1944. B419
Includes a discussion of Jehovah's Witnesses cases before the U.S. Supreme Court (the Lovell and Opelika cases). The Supreme Court rulings with respect to the power of the State to require conformity are summarized: "The State has no authority whatsoever in the domain of thought. Freedom of thought is absolute. In the domain of conduct the State has a right to protect itself against imminent serious danger."
-------. " 'Seditious Doctrines' and the 'Clear and Present Danger' Rule." Virginia Law Review, 38: 143-86, February 1952; 38:315-56, April 1952. B420
Bourke, Vernon J. "Censorship in American Culture." In Catholic Library Association. Proceedings, 33rd Conference, Louisville, 1957, pp. 72-77. B421
-------. "Moral Problems Related to Censoring the Media of Mass Communication." Marquette Law Review, 40:57-73, Summer 1956. B422
"Censoring is only called for when people fail to exercise due restraint over their personal inclinations to endanger the good order of their community in various types of communications. Censoring, then, is the mark of some degree of moral failure in a society. Those who resent and criticize it are partly right. But the thing to do is not passively to suffer the evils which censoring is designed to avoid but actively to work for standards of public conviction which would remove the very reasons for censoring."
Bourne, H. R. Fox. English Newspapers: Chapters in the History of Journalism. London, Chatto and Windus, 1887. 2 vols. B423
A general history of English journalism from 1621 to 1887. Includes detailed accounts of the Wilkes and Junius affairs and the seditious libel cases both before and after the Fox Libel Act of 1792.
-------. The Life of Locke. London, H. S. King, 1876. 2 vols. B424
When the English licensing act was up for renewal in 1694, Locke drew up a section by section criticism of it which his friend, Edward Clarke, presented to a joint committee of Parliament appointed to study the measure. Unlike the eloquence of Milton in Areopagitica, Locke's statement took a more practical approach, stressing the inconvenience of the act rather than the pernicious principle on which it was based. It is believed that Locke's statement helped influence the decision of the committee to disapprove renewal. An extract of Locke's statement appears in volume 2, pp. 311-16.
Bourquin, Jacques. La Liberté de la Presse. Paris, Presses Universitaires de France, 1950. 621p. B425
Includes a general discussion of freedom of the press; an historical survey of press freedom in France, the United States, Great Britain, and Switzerland since the seventeenth century; and techniques of control. The author was active in the UNESCO conference on press freedom.
Boutwell, William D. "What's Happening in Education [Book-banning]" PTA Magazine, 56:15-16, April 1962. B426
"We have been going through one of those book-banning fevers that strike when you least expect them. This time it is 'The Scarlet Letter' by Hawthorne. A few parents say it is salacious and should be banned by the high school library."
"Bow Street and After." Bookseller, 3035:1074-76, 22 February 1964; 3036:1156-59, 29 February 1964. B427
The first article reports on a document signed by 20 members of Parliament protesting action taken against Fanny Hill by a Bow Street magistrate. "This decision was given after two minutes reflection . . . was contrary to all the evidence given by expert and reputable witnesses." The book, the statement said, is healthier in tone than many books which are not subject to censorship by police. The second article reports on the Publishers' Association statement deploring the methods used by the director of public prosecutions in proceeding against Fanny Hill.
Bowden, Witt. "Freedom for Wage Earners." Annals of the American Academy of Political and Social Science, 200:185-209, November 1938. B428 §
One of the basic freedoms of the worker is the right of free inquiry and discussion. The author discusses these freedoms as they have been sustained or denied by law, executive action, and court decision.
[Bowdler, Thomas]. Liberty; Civil and Religious. By a Friend to Both. London, Printed for J. Hatchard, 1815. 73p. B429
Religious liberty is "the being able to profess a true faith, and to practice a right mode of worship." Civil liberty is not liberty to think and do what one will; this is license. Rather, it is to be "able to do what he ought to will."
Bowen, John. "Gamesmanship with Fanny Hill." New York Times Book Review, 15 March 1964, p. 4. B430
Bowen, Louise de Koven. Five and Ten Cent Theatres; Two Investigations by the Juvenile Protective Association of Chicago, 1909 and 1911. Chicago, The Association [1911?]. 10p. B431
Bowen, Marjorie, pseud. Peter Porcupine; a Study of William Cobbett, 1762-1835. London, Longmans Green, 1935. 312p. B432
A somewhat simplified story of the life and adventures of William Cobbett, farmer, linguist, fiery pamphleteer, and rebel, including references to his many trials for libel both in England and the United States.
Bower, George S., ed. A Code of the Law of Actionable Defamation. 2d ed. London, Butterworth, 1923. 469p. B433
Bowerman, George F. "Censorship and the Public Library." Libraries, 35:127-35, April 1930; 35:182-86, May 1930. (Reprinted in his Censorship and the Public Library, With Other Papers. New York, Wilson, 1931) B434
The librarian of the Washington, D.C., Public Library discusses the problems faced by public librarians in selection of books, including the activities of pressure groups. He favors the locked case device for some books, limiting them to the use of serious students. He would put in the case books on such subjects as sex psychology (Havelock Ellis) and certain medical works dealing with sex.
Bowker, Richard R. Copyright; Its History and Its Law; Being a Summary of the Principles and Practice of Copyright with Special Reference to the American Code of 1909 and the British Act of 1911. Boston, Houghton Mifflin, 1912. 709p. B435
A comprehensive treatise on copyright, tracing the legal history back to classic times and including American and British law up to 1912. The work is divided into six parts which suggests its broad scope: Literature and general copyright; dramatic, musical, and artistic copyright; copyright protection and procedure; international and foreign copyright; business relations and literature. The appendix gives in detail the copyright provisions of American, British, and International and Pan-American Union conventions.
Bowles, John. Considerations on the Respective Rights of Judge and Jury, particularly upon Trials for Libel. 2d ed. London, 1791. 56p. B436
Bowles, a barrister of the Inner Temple, held the view espoused by Lord Mansfield, that the jury in libel trials should consider only the fact of publication. Whether or not the matter published was libelous should be left to the wisdom of the judge.
-------. A Letter to the Right Hon. Charles James Fox, occasioned by his Motion in the House of Commons respecting Libels: and suggesting the Alarming Consequences likely to ensue, if the Bill now before the Legislature upon that Subject should pass into a Law. London, Printed for Whieldon and Butterworth, 1792. 34p. B437
One of several letters written on this subject in support of Lord Mansfield's limitations on juries in libel trials and opposing the liberalizing measure proposed by Fox. The Fox Libel Act was passed the same year.
[-------]. Letters of the Ghost of Alfred, addressed to the Hon. Thomas Erskine, and the Hon. Charles James Fox, on the occasion of the State Trials at the close of the year 1794, and the beginning of the year 1795. London, Printed for J. Wright, 1798. 126p. B438
The letters were originally published in the True Briton to protest the acquittal of Hardy, Tooke, and Thelwall in the sedition trials of 1794. Erskine had been defense counsel in the trials and Fox had been responsible for the revision of the libel law which put the power of decision in the hands of the jury rather than the judge. The letters oppose liberalizing the libel act and favor strengthening laws that would protect the country against the dangerous influence of the French Revolution.
[-------]. A Protest Against T. Paine's "Rights of Man": Addressed to the Members of a Book Society, in Consequence of the Vote of their Committee for Including the above work in a List of New Publications Resolved to Be Purchased for the Use of the Society. . . . London, Printed for T. Longman, etc., 1792. 37p. B439
The anonymous author states that the majority voted for Paine's mischievous book through a mistaken zeal for freedom of discussion.
-------. A Second Letter to the Right Honourable Charles James Fox, upon the Matter of Libel: suggesting The dangerous Tendency of the Bill now before the Legislature upon the above Subject, both with Respect to the Constitution itself and the Whole System of English Law. London, Printed for Whieldon and Butterworth, 1792. 58p. B440
Bowles also issued an 8-page appendix to the second letter, Brief Deductions from First Principles Applying to the Matter of Libel, in which he lists 32 legal principles with respect to libels.
-------. A Short Answer to the Declaration of the Persons calling themselves The Friends of the Liberty of the Press. London, J. Downes, 793.24p. B441
Bowles was a member of the Association for Preserving Liberty and Property Against Republicans and Levellers. In this pamphlet he defends the constitutional associations and their attempts to enforce the laws against seditious publications. "Those who serve the licentious excess to which the Freedom of the Press is still daily carried, will be of opinion that it stands in no great need of the proffered protection of this new-formed phalanx of defenders."
Bowman, Ben C. "Censorship in University and Research Libraries." ILA Record (Illinois Library Association), 7:96-99, April 1954. B442 §
Encroachments on the selection of books for academic and research libraries have not been a widespread problem. In the matter of book selection in a scholarly library, the author notes that "whatever interferes with the freedom of the process of questioning and investigating is censorship, and whoever would impose it is a censor."
Bowron, Albert. "Tropic in Canada." Library Journal, 87:184, 15 January 1962. B443
The effects in Canada of the debanning of the works of Henry Miller by the U.S. Department of Justice. Royal Canadian Mounted Police used a blanket search warrant to repossess copies of Miller's work in Vancouver. The Toronto Public Library was requested to return copies to the local Collector of Customs.
Bowyer, William. "John Wilkes." In his Literary Anecdotes of the Eighteenth Century. London, Printed for the Author, 1815. vol. 9, pp. 453-80. B444
Boyce, W. D. "Genesis of the Censorship Proposition." Advertising News, 25:30-32, 26 May 1917. B445
A review of prosecutions under the Alien and Sedition Acts in light of proposals for censorship in World War I. From an address given during Journalism Week at the University of Missouri.
Boyd, Ernest A. "Adult or Infantile Censorship?" Dial, 70:381-85, April 1921. B446
If we are to have censorship it should be by legally constituted authorities and not by professional "smuthounds." Boyd cites the French trial of Flaubert for writing Madame Bovary as preferable to the American attack on Jurgen.
-------. "Puritan: Modern Style." In his Portraits: Real and Imaginary. New York, Doran, 1924, pp. 106-17. B447
One of the imaginary portraits deals with a modern-day Puritan who is "conspiring against freedom of thought, freedom of art and personal liberty."
[-------, and John S. Sumner]. Debate. Subject: Resolved, That limitations upon the contents of books and magazines as defined in proposed legislation would be detrimental to the advancement of American literature. Ernest Boyd, Affirmative, versus John S. Sumner, Negative. Introduction by Clifford Smyth, Foreword by John Farrar. New York, League for Public Discussion, 1924. 77p. B448
Boyd was an Irish literary critic and essayist, at one time a member of the editorial staff of the New York Evening Post. Sumner was Secretary of the New York Society for the Suppression of Vice.
Boyd, Francis. "A Free Press." Spectator, 209:385-86, 21 September 1962. B449
Comments on the report of the Royal Commission of the Press concerning the number of newspapers ceasing publication and "the extent to which a few proprietors dominate the actual supply of news and opinion through the daily and Sunday press." The author is in favor of the public knowing who controls which papers. "For, if economic forces must be allowed, the best hope of retaining a press which is not only free but varied is to produce papers which are demanded because they are judged to be good by the best tests the public can apply."
Boyd, Julian P. "Free Communication---An American Heritage." In Freedom of Communication; Proceedings of the First Conference on Intellectual Freedom . . . Chicago, American Library Association, 1954, pp. 10-18. B450 §
-------. "Subversive of What?" Atlantic Monthly, 182:19-23, August 1948. (Reprinted in Downs, The First Freedom, pp. 224-30) B451 §
The former librarian of Princeton and editor of Thomas Jefferson's papers considers some lessons learned from Jefferson as to the nature of subversion and loyalty. Boyd describes Jefferson's defense of the bookseller, Nicholas Dufief, arrested in Philadelphia for the sale of Regnault de Bécourt's Sur la Création du Monde. Every man in the United States has the right to buy and read what he pleases, Jefferson maintained. "To preserve the freedom of the human mind and freedom of the press every spirit should be ready to devote itself to martyrdom; for as long as we may think as we will and speak as we think, the conditions of man will proceed in improvement."
Boyd, Maurice R. The Effect of Censorship Attempts by Private Pressure Groups on Public Libraries, 1945-57. Kent, Ohio, Kent State University, 1958. 69p. (Unpublished Master's thesis) B452
Boyenton, William H. "Origins of Advertising Censorship in the New York Newspapers." Journalism Quarterly, 19:137-49, June 1942. B453
Based on a Master's thesis, Development of Advertising Censorship by New York City Newspapers. New Brunswick, N.J., Rutgers University, 1940. 104p.
Boyer, Paul S. "Boston Book Censorship in the Twenties." American Quarterly, 15:3-24, Spring 1936. B454 §
"Boston was particularly susceptible to censorship in the twenties and the Watch and Ward Society provided the institutional apparatus through which censorship was exercised." The author describes the events in which the Society, the booksellers, the Catholic press, and the police combined to give Boston its reputation as the censorship capital of the United States. He refers especially to the cases against the American Mercury, Dreiser's An American Tragedy, and Lawrence's Lady Chatterley's Lover (the Dunster House Bookshop case), and analyzes the factors that combined to make possible such a climate.
Boylan, William A. "Legal and Illegal Limitations on Television Programming." Federal Communications Bar Journal, 11:137-49, Autumn 1950. B455
Boyle, Donzella C. "The Textbook Problem." D.A.R. Magazine, December 1960. (Reprinted as a separate pamphlet by the National Defense Committee, D.A.R.; also in Warped Manuscripts; A Report on "Slanted Textbooks." Fullerton, Calif., Educational Information, 1962, pp. 1-4) B456
Mrs. Boyle charges that a socialist program of thought control is taking place in America through a powerful educational monopoly that dictates the contents of textbooks. This is done through swinging "enough big city and state adoptions to control the content of textbooks for everybody." The available school textbooks are unsympathetic with Americanism and the free enterprise system. She urges school boards to demand a different kind of textbook. "Confidentially, I think the textbook publishers would like to be free, too, and they would welcome the opportunity to bid for your business." An address before the Minnesota Association of Public Schools.
Boyle, Hugh C. "The Legion of Decency--a Permanent Campaign." Ecclesiastical Review, 91:367-70, October 1934. B457
The Bishop of Pittsburgh is heartened by the success of the Legion of Decency's campaign against immoral movies and calls for continuing support of the crusade.
Boyle, Humphrey. Report of the Trial of Humphrey Boyle. Indicted at the Instance of the Constitutional Association, as "a man with name unknown," for Publishing[!] an Alleged Blasphemous and Seditious Libel, as One of the Shopmen of Mr. Carlile; Which Took Place before Mr. Common Sergeant Denman, and a Common Jury, at the old Bailey Sessions House, on the 27th of May, 1822. With a Narrative of the Proceedings against the Defendant before Trial. To Which is Attached, the Trial of Joseph Rhodes, under the Name of Wm. Holmes, as forced upon him, for Publishing a Copy of the Same Pamphlet. London, Printed by R. Carlile and Published at the Koran Society's Office, 1822. 32p. (Also in Macdonell, Report of State Trials, vol. 6, pp. 42 ff., 103, 189; vol. 8, p.155) B458
Boyle, one of Mr. Carlile's voluntary shopmen, was tried for blasphemous libel, found guilty, and sentenced to 18 months in prison. At the trial Boyle insisted in reading "obscene" passages from the Bible. Mr. Rhodes, another shopman, refused to give his name so was prosecuted under the name of Holmes. He was found guilty and given a 2-year sentence. John Barkley, a 17-year-old printer was sentenced to six months with hard labor.
Boyle, Robert. "Literature and Pornography." Catholic World, 193:295-302, August 1961. B459
Society must stamp out pornography but it must also protect literature. Neither the church nor state is competent to judge literature; this is the task of a trained literary critic.
-------."Teaching 'Dirty' Books in College. America, 100:337-39, 13 December 1958. B460
An author-priest defends the teaching of such works as Graham Greene's The End of the Affair and James Joyce's Ulysses to college students "on the assumption that contemplation of the perfectly expressed visions of contemporary as well as classical artists is essential to the full development of our students."
Boyle, T. O'R. "We Are All Censors." Commonweal, 21:226-28, 21 December 1934. B461
The author discusses arguments against the Legion of Decency presented in The Nation, Today, and Liberty, and defends the Legion against its critics.
Bracken, Brendan. "Wartime Censorship; How England Keeps Its Freedom of the Press. Life, 12:71-74, 16 March 1942. B462
The head of Britain's Ministry of Information describes how wartime censorship works, "how in practice we reconcile the conflicting demands of freedom and of security."
Braden, Thomas W. "Today's Threat to Librarians." Bulletin, School Library Association of California, 33:17-18, May 1962.B463
-------. "The Trouble with Censorship." San Francisco Magazine, 5:42-43, 45, July 1963. (Reprinted in California Librarian, October 1963) B464
[Bradlaugh, Charles]. Champion of Liberty: Charles Bradlaugh. New York, Freethought Press, 1933. 346p. (Issued for the Centenary Committee) B465
Includes a section on Bradlaugh and the Liberty of the Press, by Sir J. A. Hammerton, pp. 299-308.
[-------]. The Laws Relating to Blasphemy and Heresy; an Address to Freethinkers. London, Freethought Publishing Co., 1878. B466
[-------, and Annie Besant]. "Publishers' Preface." In Charles Knowlton, Fruits of Philosophy; a Treatise on the Population Question. London, Freethought Publishing Co. [1876?], pp. 2-3. (Issued in numerous editions in England and the United States) B467 §
Mr. Bradlaugh and Mrs. Besant relate the 40-year English publishing history of Dr. Knowlton's birth control tract, leading to the arrest of the English publisher Charles Watt. When Watt pleaded guilty of an obscenity charge and the work did not come before the court, Bradlaugh and Besant republished it as a test case.
[-------]. The Queen v. Charles Bradlaugh and Annie Besant . . . London, Freethought Publishing Co., 1877. 324p. B468
The defendants were indicted for having published an obscene libel, Dr. Charles Knowlton's pamphlet, Fruits of Philosophy. They were acquitted when the jury found the book obscene but the defendants without any corrupt motive in publishing it. "It was for the sake of free discussion that we published the assailed pamphlet when its former seller yielded to the pressure put upon him by the police; it was not so much in defence of this pamphlet, as to make the way possible for others dealing with the same topic, that we risked the penalty which has fallen upon us." The defendants, in the introduction, note that Lord Campbell himself, under whose act they were being tried, "limited its object to the seizure of the foul literature of passion and sensuality."
Bradley, J. R. A. "The Case of The Well of Loneliness." New Adelphi, 2:350-52 June 1929. B469
The English obscenity law makes the discussion of homosexuality have about as much chance of a fair hearing as the mouse had in Alice in Wonderland.
Bradley, Lawrence J., and Joseph A. Marino. "Freedom of Speech-Obscenity, 1958-1960. Notre Dame Lawyer, 35:537-46, August 1960. B470
The authors examine recent legal developments, including whether obscenity is protected under the First Amendment, the problem of prior restraint, what measures may be taken to protect youth, and who shall decide what is and what is not obscene. They believe that a program of limited censorship is in order to protect certain impressionable segments of the population, especially children.
Bradshaw, Michael. "Slanting the News." Atlantic Monthly, 174:79-82, August 1944. B471
Freedom of the press is in danger from the menace of local news slanting. If the people can trust the press they will come to its defense.
Brady, Robert A. "Monopoly and the First Freedom; Censorship over the Media of Communications." Hollywood Quarterly, 2:225-41, April 1947. B472
An economist criticizes Morris Ernst's indictment of big business control of the mass media in his book, The First Freedom. With the increase of monopoly in the modern world, the traditional formulae for "competition" are no longer practical. Brady argues for acceptance of man's production and control by organized democratic action.
-------. "The Problem of Monopoly in Motion Pictures." Annals of the American Academy of Political and Social Science, 254:125-36, November 1947. (Reprinted in Schramm, Mass Communications, pp. 168-85) B473
§
An analysis of the complex monopoly in the motion picture industry by which five major companies control production, distribution, and exhibition. Includes a detailed summary of the important court decree against Paramount Pictures (1946) which placed a number of restraints on the film industry.
Brailsford, H. N. The Levellers and the English Revolution. By H. N. Brailsford. Edited and prepared for publication by Christopher Hill. Stanford, Calif., Stanford University Press, 1961. 715p. B474
References throughout to the Levellers' efforts in behalf of freedom of the press, including the cases of Lilbourne, Walwyn, Overton, and Bastwick.
Brailsford, Mabel R. A Quaker from Cromwell's Army: James Nayler. New York, Macmillan, 1927. 200p. B475
Nayler was a Quaker whose books and pamphlets were considered blasphemous by the English Parliament. His books were burned and he was subjected to cruel punishment. Proceedings of the House of Commons against Nayler for blasphemy in 1656 are reported in Howell, State Trials, vol. 5, p. 801 ff.
Brandt, Joseph A. "Freedom of Communication within the Nation." Educational Record, 29:392-99, October 1948. B476
In an address before the American Council on Education, Brandt reviews the report of the Commission on Freedom of the Press and suggests steps to be taken to carry out some of its recommendations.
Brandwen, Maxwell. "Battle of the First Amendment: a Study in Judicial Interpretation." North Carolina Law Review, 40:273-96, February 1962. B477
The author, a member of the New York Bar, argues that if the consequences of abuse of freedom of speech and press under the First Amendment "are too alarming to society, then the alternative is constitutional amendment, not judicial or congressional whittling down. If the first amendment is outmoded and no longer conforms to modern insights, tastes and mores, and if the needs of society must be liberated from the thraldom of the words of the framers of the first amendment, then let the constitutional method of amendment be observed . . . Meanwhile, let the first amendment be immune from encroachment."
Brantley, Rabun L. "A Southern Paper and the Civil War." Journalism Bulletin, 2(2):23-28, June 1925. B478
The trials of one southern paper, the Macon Telegraph-difficulties in getting paper and news, threats of conscription of its editors, and the cutting of telegraph lines by federal troops.
Bratt, Eyvind. "Government and the Press: a Comparative Analysis." Journalism Quarterly, 21:185-99, September 1944. B479
A Swedish consular officer discusses the ideologies influencing the relationship between the press and government. He considers the liberal, totalitarian, and socialist concepts of press freedom and the operation of these doctrines in the United States, Britain, Sweden, and the Soviet Union.
Braumueller, Gerd. Der Weg zur Pressefreiheit; die Entwicklung des Presserechtes in den Vereinigten Staaten. Bonn, L. Röhrscheid, 1953. 104p. B480
A general treatise on the development of press freedom in the United States.
Braun, Theodore A. "Obscenity in the Bookstore." United Church Herald, 7:31, 1 February 1964. B481
Bray, J. J. "Censorship." Australian Library Journal, 13:60-70, June 1964. B482 §
Following a general review of the English heritage of freedom of the press, the author discusses the present legal position with respect to censorship in Australia-federal restrictions placed on book importations and obscenity prosecutions in South Australia at common law or under the Police Offences Act. Australians are denied the right to read books by distinguished writers which circulate in other parts of the English-speaking world. The author does not see much hope for success in recasting the complex system of federal and state laws, but suggests that constant pressures be applied to exert a liberalization in the administration of the law.
Bray, Robert J., Jr. "Censorship-Motion Picture-Licensing Statute Is Not an Unconstitutional Prior Restraint." Villanova Law Review, 6:567-71, Summer 1961. B483
Regarding Times Film Corp. v. City of Chicago, 365 U.S. 43 (1961).
Brechner, Joseph L. "A Statement on the 'Fairness Doctrine.'" Journal of Broadcasting, 9(2):103-12, Spring 1965. B484 §
A broadcaster argues that the FCC should cease to impose the test of "fairness" on broadcast editorializing.
Breckinridge, Harry. "Persecution of Margaret Sanger." Mother Earth, 9:296-97, November 1914. B485 §
The author, writing in this American anarchist periodical, ascribes opposition to birth control to capitalist greed.
Breen, Walter. "Censorship; the Real Issue." Panic Button, 14:20-29, Summer 1963. B486
The three common, oversimplified positions about censorship-the conservative who is interested in preserving the status quo, the moderate whose concern is solely for protection of the welfare of the child, and the liberal who believes all censorship is bad-present a danger. The conservative does not realize that historically censorship has been ineffective in preventing change; the moderate does not realize that there is no evidence that children are harmed by radical political or sexual expression; the liberal fails to realize that freedom of the press in itself is not sufficient so long as the press is under the control of big business and advertisers, and that the opinions of ordinary citizens do not always get into print. To protect against propaganda the author recommends the teaching of a healthy scepticism; to protect against violence and sadism, he recommends orienting society toward sexual freedom and away from its substitute-violence.
Breger, Dave, ed. But That's Unprintable! About the Taboos in Magazine and Newspaper Comic Cartoons. New York, Bantam, 1955. 149p. B487
A collection of 135 "unprintable" cartoons, never published because they violate certain journalistic taboos. The drawings are accompanied by Breger's general discussion of these taboos-what causes them and who enforces them.
Brégy, Katherine. "Literature of Libel." Catholic World, 116:444-53, January 1923. B488
The author attacks the "literature of libel" which maligns and debunks moral standards, religious faith, and basic institutions.
Breit, Harvey, and Alan U. Schwartz. "A Right to License the Licentious?" Saturday Review, 48(8):34-35, 2 February 1960. B489
A critique of the book, Pornography and the Law, by Eberhard and Phyllis Kronhausen, and their attempts to draw a distinction between erotic realism in literature and "hard-core" pornography.
Breitenfeld, Frederick, Jr. "Reason and the Absolute." Journal of Broadcasting, 5:191-98, Summer 1961. B490
"Mr. Breitenfeld's central point is that guarantees of the First Amendment have little relation to current criticisms and actions being directed against broadcasters who possess a technical monopoly (although with economic competition) of a priceless national resource." The author compares the power of broadcasting as a force to nuclear energy, and suggests they should be viewed similarly.
Brend, William A. Sacrifice to Attis; a study of Sex and Civilization. London, Heinemann, 1936. 350p. B491
Numerous references to social control of obscenity and the doctrine of obscene libel.
Brennan, Jerome T. "City May Constitutionally Require that a Movie Be Submitted for Censorship before Public Showing." Illinois Bar Journal, 50:248-51, November 1961. B492
Regarding Times Film Corp. v. City of Chicago, 365 U.S. 43 (1961).
Brennan, William J., Jr. "Law, Liberty and Librarians." Library Journal, 88:2417-20, 15 June 1963. B493
"A Supreme Court Justice calls for greater cooperation between schools and libraries, and outlines the library's role as 'the guardian of freedom to read.' . . . It is not hard to understand, then, how easily the freedom to read might be placed in jeopardy were it not for the determination of the great public libraries to keep alive the full spectrum of our literature even where booksellers and others either cannot or care not, or dare not do so." The article is drawn from a speech given at a dinner celebrating the 75th anniversary of the Newark Public Library, 1 May 1963.
Brenner, D. J. Covering Local Government. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1963. 9p. (Publication no. 106) B494 §
The responsibilities and problems faced by the reporter and the editorial writer in fair coverage of local government and politics.
Brentford, William Joynson-Hicks, Viscount. "Censorship of Books." Nineteenth Century, 106:207-11, August 1929. B495
The British Home Secretary denies there is censorship of books in England in the sense of the censorship of plays and films, but affirms the responsibility of the Government for the moral welfare of the community. He defends his policy of reading manuscripts and books submitted to him by the publisher or the general public and advising whether the publication is actionable under the Obscene Publications Act of 1857, and especially with respect to his adverse decision on Well of Loneliness.
-------. Do We Need a Censor? London, Faber, 1929. 24p. (Criterion Miscellany, no. 6) B496
Sir William states the case for British censorship of obscenity in books, plays, and movies, defending his own record against charges of "establishing a dictatorship in the realm of literature and morals." It was during his administration that action was taken against Ulysses and Well of Loneliness.
Brenton, Cranston. "Motion Pictures and Local Responsibility." American City, 16:125-31, February 1917. B497
The article is in support of the National Board of Review of Motion Pictures which is "unqualifiedly opposed in principle to all forms of legalized pre-publicity censorship as being unnecessary, un-democratic, un-American and unjust." Citizens are urged to cooperate with the National Board by informing that agency what pictures are objectionable in the local community.
Brenton, Myron. The Privacy Invaders. New York, Coward-McCann, 1964. 240p. B498
The author charges that public lives have become public property by invasion of the mass media. He lays blame on the social scientists, the schools and universities, and the direct-mail advertisers.
Brett, William H. "Improper Books." Library Journal, 20:36-37, December 1895. B499
In selecting books for libraries, there are three categories: those the librarian selects, those which he simply omits, and those he absolutely excludes. It is in the question of morals and conduct that he has the right of exclusion. Comments of the librarian of the Cleveland Public Library in one of a series of papers on undesirable books in public libraries given at the Denver Conference of Librarians.
Brettman, John. "Freedom of the Press: Power to Revoke the Second-Class Mail Privilege." California Law Review, 34:431-35, June 1946. B500
A consideration of the Esquire case in which the U.S. Supreme Court held that the Post Office has no power to consider the "worth" of a publication in approving its application for second-class mail privilege.
Breuer, Mrs. M. H. "Notes for an Article on Censorship." Progressive Librarians' Council Bulletin, 2:6-7, December 1940. B501
The books most often rejected by libraries are those advocating progressive thought and social change. The rejection is done quietly, often with the excuse of a limited budget. The author asks whether librarians will have the courage to buy pacifist books during wartime.
Brewer, George D. "The Fighting Editor" or, " Warren and the Appeal." A Word Picture of the Appeal to Reason Office. Biography of Fred D. Warren. . . . 2d ed. Girard, Kan., The Author, 1910. 211p. B502
Biography of the editor of Appeal to Reason, the Socialist paper, and a history of events leading up to his sentence of 6 months in prison and a fine of $1,500, The offense was the mailing of 25,000 circulars, with an envelope message containing "threatening and scurrilous language." The book includes Warren's speeches before the Federal Court at Fort Scott, Kan., and the Appellate Court at St. Paul, Minn. There is also a chapter on the refusal of Canadian Customs to accept Appeal to Reason (1906).
Brewer, Weldon. "Should the School Newspaper Have a Censor?" School Activities, 21:251-52+, April 1950. B503
"The school newspaper, to be an effective, democratic voice of the students, must be freed from faculty domination." No sponsor should permit personal, abusive attack in the newspaper; by using methods outlined in the article, the sponsor would rarely have to censor anything. When censorship is necessary students do it themselves.
Brewerton, William W. "Words Adjudged to Be Slanderous." Case and Comment, 22:478-80, November 1915. B504
A review of pertinent court decisions.
Brewin, F. A. "Civil Liberties in Canada during Wartime." Bill of Rights Review, 1:112-27,Winter 1941. B505
Censorship in Canada during World War I was achieved more by voluntary cooperation than by coercive action of government censors, although sweeping powers were given the government.
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