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E., D. "The Candor Pamphlets." Notes and Queries, 5 (2d ser.):121-23, 13 February 1858; 5 (2d ser.):141, 20 February 1858; 5 (2d ser.):161-63, 27 February 1858. E1
A careful analysis of the Candor pamphlets of the 1760's "in which great constitutional battles were fought and by which they were won." The pamphlets laid down the principle that, in questions of libel, juries are judges of law as well as facts. The author of this article shows by external and internal evidence that the authors of the Candor letter (satire) and the Father of Candor letters (logic) were one and the same. He also believes Candor was "Philelutherus Anglicanus" who wrote A Summary of The Law of Libel. He favors Lord Camden as author of the Candor pamphlets, but is inclined to the opinion that the author of the Candor pamphlets and the Junius letters were not the same.
"E & P Panel Suggests Studies for Press Self-Improvement." Editor and Publisher, 82:5-7, 40-41, 45-48, 50, 26 March 1949. E2
A panel of six newspaper men and four educators, including Professors Hocking and Niebuhr of the Commission on Freedom of the Press, discuss a program for appraisal of problems and performance of American newspapers. The group was formed as an outgrowth of newspaper criticisms of the report of the Commission.
Eager, Alan R. "Who Killed Cock Robin?" Assistant Librarian, 49:196-98, December 1956. E3
In this whimsical essay, an Irishman discovers hidden and sinister meaning in My First Book of Nursery Rhymes and decides to place it out of reach of his little daughter.
Eagleton, Clyde. "Interference with American Mails." American Journal of International Law, 34:315-20, April 1940. E4
A discussion of the rights of a neutral against interference with the mail by belligerents in time of war, written in the light of a recent American protest to the British Foreign Office.
Eakin, M. L. Censorship in Public High School Libraries. New York, School of Library Service, Columbia University, 1948. 102p. (Unpublished Master's thesis) E5
"What persons attempt to exercise censorship over the purchase and use of public secondary school library materials and to what extent do they succeed? For what reasons have books been censored and which of these factors have operated most frequently in restricting purchases or use of materials ? By what methods do librarians restrict the purchase or use of doubtful materials? What titles have been censored in high school libraries, how often, and for what reason?"
Easley, Ralph M. "What Is Obscenity in Literature?" Light, 190:17-24, September-October 1929. E6
An open letter of appreciation to the 12 jurymen who convicted Mrs. Mary Ware Dennett for her book, The Sex Side of Life. Easley, one of the founders of the National Civic Federation, objects to Mrs. Dennett's work as unsavory and improper sex education. He protests against her role as martyr.
Eastman, Max. "Is the Truth Obscene?" Masses, 6(46):5-6, March 1915. (Reprinted by the Free Speech League) E7
An attack on the practice of U.S. postal authorities in suppressing birth control information. Eastman describes his interview with William Sanger who had just been arrested for giving a copy of his wife's birth control pamphlet to an agent provocateur of the New York vice society. Eastman urges the public to come to Sanger's support.
-------. Max Eastman's Address to the Jury in the Second Masses Trial, in Defense of the Socialist Position and the Right of Free Speech. New York, Liberator Publishing Co., [1918]. 46p. (Liberator Pamphlets no. 1) E8
A defense of the Socialist position and the right of free speech in the espionage trial against the publishers of the Masses. Eastman was editor from 1914 until it was suspended by the Post Office Department in 1917. It is "the underlying intention of our publication . . . to publish a free, vigorous, satirical, humorous and somewhat reckless magazine, with poetry and picture and argument addressed to the people from the socialist point of view." He defends the right of editors "who are opposed to the war on political grounds but who want to conform to the regulations and don't want to impede the military operations of the government." He accuses Postmaster General Burleson of bungling in the handling of postal affairs under the Espionage Act.
-------. "The Post Office Censorship." Masses, 9:24, September 1917. E9
An account of the suppression of the Masses by the Post Office Department during World War I.
-------, and Morris Hillquit. "Speeches of Max Eastman and Morris Hillquit at the Masses Dinner, May 9, [1918]." Liberator, 1:19-23, June 1918. E10
Eastman became editor of the Liberator when his paper, Masses, was suspended under the wartime Espionage Act. Hillquit was a leader of American Socialists.
Eastman, Newton L. A. Open Door to Hell; a Brief Account of the Trial of Bishop Eastman; Every Article for Which He Was Indicted Is Herein Printed. Milan, Ill., Truth and Light Publishing House, [1908?]. 34p. E11
Between 1905 and 1908 Eastman, Bishop of the Gospel Workers of America, was indicted five times in New York and federal courts for libel and obscenity for anti-Catholic articles appearing in his Gospel Worker. He was eventually acquitted on all charges.
Eaton, Clement. "Censorship of the Southern Mails." American Historical Review, 48:266-80, January 1943. E12
Experience of the South during three decades of antebellum censorship of incoming mail from Northern states. "The Southern record demonstrates the difficulty of suppressing pernicious and dangerous propaganda without at the same time destroying the literature of reform, of protest, and of sanative criticism."
-------. "A Dangerous Pamphlet in the Old South." Journal of Southern History, 2:323-34, August 1936. E13
"During the late autumn of 1829 a dangerous incendiary pamphlet was found circulating among the blacks at Savannah, Georgia." The pamphlet, Walker's Appeal in Four Articles Together with a Preamble to the Colored Citizens of the World, But in Particular and Very Expressly to those of the United States of America, was written by a free Negro whose father was a slave. It frightened two states into enacting laws prohibiting the circulation of incendiary publications and forbidding the teaching of reading and writing to slaves.
-------. "The Freedom of the Press in the Upper South." Mississippi Valley Historical Review, 18:479-99, March 1932. E14
A record of the fight for freedom of the press in the Old South "waged in the borderland between the fire-eating cotton kingdom and the free North." Freedom was "enjoyed only in the fringes of the Old South, and for brief interims, in Kentucky." On grounds of protecting the public safety, freedom of the press was denied to even the mildest opponents of slavery.
-------. Freedom of Thought in the old South. Durham, N.C., Duke University Press, 1940. 343p. (Rev. ed., New York, Harper Torchbooks, 1964. 418 p.) E15
A study of intellectual freedom (or lack of it) in the antebellum South, including accounts of the suppression of the newspaper press over the slavery issue, and opposition to heterodoxy in religion. Reports of numerous trials. "This study of the cultural history of the South between 1790 and 1860, in which freedom of thought and speech is the central theme, is offered as a case history in the record of human liberty and intolerance."
Eaton, Daniel I. The Proceedings, on the Trial of Daniel Isaac Eaton, upon an Indictment for selling a supposed libel, "The second part of the Rights of Man, combining principle and practice." By Thomas Paine. At Justice Hall, in the Old Bailey. Before the Recorder of London. On Monday, the third Day June, 1793. London, Printed and published by Daniel I. Eaton and sold by James Ridgway, [1793]. 50p. (Also in Howell, State Trials, vol. 22, pp. 753 ff; vol. 31, pp. 927 ff.) E16
Eaton, a London publisher and bookseller, was indicted in 1793 for selling Paine's Rights of Man and, later the same year, Paine's Letter Addressed to the Addressers. He was acquitted in both cases. In 1812 Eaton was tried before Lord Ellenborough for publishing Paine's Age of Reason, was found guilty of a blasphemous libel and sentenced to be pilloried and to spend 18 months in prison. In Newgate he wrote a pamphlet exposing the extortion and abuses in the prison. In his final challenge to the censor, Eaton published a translation of Ecce Homo for which he was indicted but never brought to trial because of his advanced age.
-------. The Trial of Daniel Isaac Eaton, before Lloyd Lord Kenyon, and a Special Jury, in the Court of King's Bench, Guildhall, London, July the Tenth, 1793; for Selling a Supposed Libel, A Letter Addressed to the Addressers, by Thomas Paine. London, [1793]. 65p. E17
-------. The Trial of Daniel Isaac Eaton, for Publishing a Supposed Libel, Intitled Politics for the People; or Hog's Wash: at Justice Hall in the Old Bailey, February Twenty-fourth, 1794. London, Published for Daniel Eaton, 1794. 62p. (Also in Howell, State Trials, vol. 23, pp. 1013 ff.) E18
Having been freed the year before from charges of sedition in the publication of Paine's Rights of Man, Eaton was again brought to trial in 1794 for this objectionable pamphlet, a story in which the king appeared as a gamecock. Eaton was again acquitted. In 1796 he was twice brought to trial--first for the publication of Pigot's Political Dictionary and second for Duties of Citizenship. To escape punishment he fled to America where he remained more than 3 years. On his return he found his property seized and his books burned and he was confined to prison for 15 months. In 1793 he published a satirical pamphlet, The Pernicious Effects of the Art of Printing upon Society.
-------. The Trial of Mr. Daniel Isaac Eaton, for Publishing the Third & Last Part of Paine's Age of Reason . . . London, 1812. 80p. E19
Eaton was convicted of blasphemy and sentenced to 18 months in prison. On hearing of this conviction, the young poet Shelley wrote a spirited letter of protest to the presiding judge, Lord Ellenborough. Wickwar notes that "It was easier to convict Eaton of blasphemous libel in 1812 than it had been to convict him of seditious libel in 1793-4."
Eaton, Walter P. Free Speech. Boston, American Unitarian Association, 1935. 20p. (Tracts, series II, no. 342) E20
A drama critic considers the right of free speech as it applies to the preacher, the dramatist, the author, the radio performer, and the agitator.
Eaton, William D. "Press Censorship Calmly Considered." Paladin (St. Louis), 1:1 (1918). E21 §
Eddy, J. P. "Obscene Publications: Society of Authors' Draft Bill." Criminal Law Review, 1955:218-26, April 1955. E22
An examination of the bill to amend the British law on obscene publications, a proposal made by a Committee of the Society of Authors, first presided over by Sir Alan Herbert and subsequently by Sir Gerald Barry.
Edelman, Murray. The Licensing of Radio Services in the United States, 1927 to 1947; a Study in Administrative Formation of Policy. Urbana, Ill., University of Illinois Press, 1950. 229p. (Illinois Studies in Social Sciences, vol. 31, no. 4) E23
Deals with the manner of development of rules and decisions which govern the licensing of broadcasting. A chapter on Conduct of Applicants and Licensees includes discussion of policies relating to program content and balance, and broadcasts on controversial public issues.
Edelstein, Alex S. "Not a Blunt Instrument, But a Sword." Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1958. 6p. (Publication no. 11) E24 §
An abstract of the section on freedom of information from the author's doctoral dissertation, The Marshall Plan Information in Western Europe as an Instrument of United States Foreign Policy, 1948-1952.
Edgcomb, Ernest I. "Freedom of the Press." In Problems of Journalism; Proceedings of the American Society of Newspaper Editors, 1930. Washington, D.C., 1930, pp. 92-102. E25
Edge, John D. "A Report of the Trial of John Jones versus Thomas Sheehan, for Libel, Tried in the Court of Common Pleas on Monday, 2nd December, 1839." In An Epitome of the Case of Irish Corporations . . . Dublin, George Faulkner, 1839. 76p. E26
Edgerton, Alice. "Lost Art of Censorship." Freeman, 2:369-70, 29 December 1920. E27
A satire on the suppression of heretics.
Edinborough, Arnold. "Arnold Edinborough Opposes Hard Core Pornography Along with Censorship." Saturday Night, 79:12-14, May 1964. E28
-------. "Pornography and Public Taste." Saturday Night, 74:7-9, 42, 1 August 1959. E29
After analyzing sex and crime magazines on the Canadian newsstands, the author concludes that those featuring crime and violence come nearer to meeting the Lord Cockburn definition of obscenity than those trading on the bare bosom. "There is a certain amount of questionable, immoral literature on our book stands. But the small amount of obscenity, there, should not be allowed to stampede the authorities into wholesale book banning."
-------. "Sex and Violence in the Bookstalls." Canadian Author and Bookman, 36(1):10-14, Spring 1960. E30
The editor of Saturday Night proposes a positive program of good reading as an antidote to widespread dissemination of obscene literature in Canada.
Editor and Publisher. New York, Editor and Publisher Co., 1901-date. Weekly. E31
Freedom of the press is frequently discussed in both news and editorial columns of this trade publication of the newspaper press. News coverage is both domestic and foreign. An annual survey of Legal Decisions and Rulings Affecting Newspapers appears in the January issue. During World War II the column Shop Talk at Thirty carried frequent reports on wartime restrictions on the press. Curtis D. MacDougall, in his The Press and Its Problems, indexes the recent reports appearing in Editor and Publisher on such topics as: federal government restrictions on the "right to know" during the Truman, Eisenhower, and Kennedy administrations (pp. 310-14); the Moss Committee activities on government news secrecy (pp. 315-16); protection of news sources (pp. 348-49); to print or not to print (pp. 376-77); government news management during the Cuban and U-2 affairs (pp. 379-81); gag laws (pp. 416-17); and trial by newspaper (pp. 417-19).
"Editor Leech Goes to Jail for 'Contempt of Court.'" Literary Digest, 62:50-52, 30 August 1919. E32
Edward T. Leech, editor of the Memphis Press, was sentenced to ten days in jail for alleged contempt of court, which grew out of an editorial criticizing, in general terms, the quality of judicial service rendered in Memphis. This article quotes some of his reflections written in jail, and a lengthy comment from the editor of the Chattanooga News on the freedom of the press, which concludes: "A free press is as important to the people as the right to vote."
["Editorial on Irish Censorship"]. In An Leabharlann, Journal of the Library Association of Ireland, 14:3-4, March 1956. (Quoted in Downs, The First Freedom, p. 380) E33 §
The Irish librarian, faced with arbitrary and rigid censorship under the Censorship of Publications Act of 1946, has three alternatives: He can buy according to his own judgment, hoping his selections will not be banned; he can buy on approval, holding the books for possible return; or he can limit his purchase of fiction to nothing but light romance, cowboy stories, and a few mysteries.
"Editor's Notebook." Film Quarterly, 13(3):2-3, Spring 1960. E34
A massive film censorship movement may be in the offing, according to the trade papers. The situation "reveals a typical lack of both nerve and intelligence on the part of the film industry" in combating censorship. The industry "has no principle in these matters except where commerce dictates: if there is enough money in it censorship will be fought."
Editors of Life. "Hell Breaks Loose in Paradise." Teachers College Record, 65:651-53, May 1964. (Reprinted from Life, 26 April 1963) E35
A social studies teacher in Paradise, Calif., who encouraged her students to read widely divergent points of view on controversial issues, is accused of being a Communist and her job is threatened in an episode that ripped the town into factions. A student was enlisted to spy on the teacher by means of a tape recorder concealed in a book.
[Edmondson, Robert E.]. The Rape of the Press; American Free Speech Subversion Unmasked. Democracy Propaganda Fraud "Exploded." Bend, Ore., 1954. 39p. E36
The pamphlet charges that advertisers, organized labor, press associations, and Communist elements are subverting America's free press. He calls for legal separation of advertising from editorial policies in the press, with the "treason penalty" as "punishment for violation because of the enormity of the crime."
Edmunds, James. Orrin B. Judd vs. James Edmunds. Action for Libel: Tried before Hon. Charles P. Daly and a Jury, at New York, Nov. 1859. Closing Address to the Jury, for the Plaintiff; by John Graham, esq., and Charge of His Honor Judge Daly; together with the Letter of Rev. Archibald Maclay, D.D. on His Resignation as President of the American Bible Union. New York, Ervin H. Tripp, 1860. 112p. E37
Dr. Judd was awarded $2,000 in damages for Edmunds' alleged libelous review of Judd's Review of the American Bible Society that appeared in the Louisville Journal.
Education Information, Inc. The Interlocking Relationship of the NEA-ALA; "Censorship" and the "Dictionary of American Slang." A Report on Monopoly and Pressure Patterns in the Field of Education. Amarillo, Tex., Education Information, Inc., 1964. 12p. (Education Report, ser. 8, no. 10) E38 §
The report charges librarians, under the guise of the "freedom to read," with defending the presence of objectionable books in libraries (obscene and subversive) and at the same time "blacklisting" books of conservative persuasion. It suggests a conspiracy among such agencies as the American Library Association, the National Education Association, Foreign Policy Association, American Book Publishers' Council, the Fund for Adult Education, and UNESCO. The episode of the campaign against the Dictionary of American Slang in California schools is discussed at length.
-------. A Second Report on Slanted Textbooks; The Texas Textbook Investigation. Fullerton, Calif., Education Information, Inc., 1962. 26p. (Education Report, vol. 8, no. 4) E39 §
The report examines the investigation being conducted by a special Texas House of Representatives Textbook Study Committee. The Committee was appointed because of widespread dissatisfaction over selection of school textbooks by the State Textbook Committee, and as the result of a drive spearheaded by Texans for America. Included is the testimony against certain textbooks, given at a hearing of the investigating committee and a background article on Pressure Patterns and Slanted Textbooks.
Educational Reviewer. Chicago, Published for the Committee on Education, Conference of American Small Business Organizations, 1949-53. Quarterly. Lucille C. Crain, editor. E40
A quarterly review of educational materials to combat collectivist doctrines in the public schools. The issue for 15 January 1953, for example, carried an article, Choose Honest, Unbiased Textbooks, calling for the Indiana State Textbook Commission to do a more careful job of screening school textbooks to eliminate biased economic doctrines. The issue for 29 October 1949 included an attack on the Magruder textbook on American government.
Edwards, P. L. "Free Speech and Free Press in Relation to the Police Power of the State." Central Law Journal, 58:383-86, 13 May 1904. E41
A defense of the right of state legislatures and the Congress to restrain immoral publications "based on the police power of the state to protect society from attacks on its safety, and to prevent moral degradation."
Eek, Hilding. Freedom of Information as a Project of International Legislation; a Study of International Law in Making. Uppsala, Lundequistska Bokhandeln, 1953. 176p. (Uppsala Universitets Ärsskrift, 1953:6) E42
Appendix 3 is the text of the Convention on the International Transmission of News and the Right of Correction. Appendix 5 is The Draft Convention on Freedom of Information (various texts). Appendix 6 is a Statement of the Rights, Obligations and Practices to Be Included in the Concept of Freedom of Information.
Efron, Edith. "Can TV Drama Survive?" TV Guide, 13(39):8-12, 25 September 1965. E43
Six TV writers agree that television drama is dying because of the NAB code, network censorship, pressure groups, Congressional hearings on sex and violence in TV drama, and ratings.
-------."Television: America's Timid Giant." TV Guide, 11:4-11, 18 May 1963. E44
-------."Why Speech on Television Is Not Really Free." TV Guide, 11:4-9, 11 April 1964. E45
A critique on the "fairness doctrine."
Egan, Beresford, and P. R. Stephensen. Policeman of the Lord; a Political Satire . . . London, Issued in the Public Interest by the Sophistocles Press, [1929?]. 30p. E46
A lampooning of Sir William Joynson-Hicks, the British Home Secretary and official censor, who is quoted as stating: "It may possibly be that in the near future I shall have to deal with immoral and disgusting books." The authors comment, "A Socrates as Home Secretary would hesitate to define morality in terms of Police action. Not so a Jix [a term for Joynson-Hicks used by his critics]. In the mind of this essentially simple character, the problems of morality, which have exercised the profoundest philosophical minds of all ages, are solved and even acted upon without the hesitation which would be natural to a more tutored intellect." "I am attacked [Sir William is quoted] by those people who put freedom of thought and speech and writing before everything else in the world." "Precisely, Sir William" [conclude the authors]. Cartoons accompanying the text bear the following captions: An Astral Body; Twinkle, Twinkle, Little Jix; Hands Off; Visit to a Night Club; Leave the Well Alone; A Visit to the Attic; Street Offences; and We Will Not Have Purgatory. The pamphlet closes with a five-page poem lampooning the censor and, finally, a mock imprimatur.
Eggleston, Wilfred. "Press Censorship." Canadian Journal of Economics and Political Science, 7:313-23, August 1941. E47
A definition of censorship and its objectives, and an outline of the machinery existing in Canada for its application. An article on press censorship by Eggleston also appears in Encyclopedia Canadiana, vol. 2, pp. 298-99.
Ehlers, Henry, and Gordon C. Lee, eds. Crucial Issues in Education. Rev. ed. New York, Holt, 1959. 342p. E48
Part I deals with Freedom in Education, and Chapter 1 with Censorship by Whom? The case for responsible control is presented by excerpts from works of Walter Lippmann, I. B. Berkson, and the Rev. Francis J. Connell. The case against censorship is presented by excerpts from the work of Thorwald Esbensen, Julian Pleasants, Archibald MacLeish, and The New Yorker. There follow questions and readings for further study.
Ehling, William P. Contempt by Publication and Freedom of the Press; an Historical Analysis of the Theories and Practices of the Judicial Contempt Power. Syracuse, N.Y., Syracuse University, 1954. 1312p. (Ph.D. dissertation, University Microfilms, no. 10,070) E49
Ehrlich, J. W., ed. Howl of the Censor. Edited with introduction by J. W. Ehrlich. San Francisco, Nourse Publishing Co., 1961. 144p. E50
The actual court proceedings, People of the State of California v. Lawrence Ferlinghetti, in the prosecution of the booklet, Howl and Other Poems by Allen Ginsberg, on an obscenity charge. After lengthy testimony of literary critics, Judge Clayton W. Horn, in a classic summary of modern obscenity law, found the book not obscene. Ehrlich, counsel for the defense, is a noted trial lawyer and author of a number of legal works. The book includes extracts from Howl.
Eichelberger, Rosa K. "Freedom to Be Well-Informed." Senior Scholastic, 51(7):22-23, 27 October 1947. E51
A popular, illustrated account of freedom of the press from Zenger to William Allen White.
Eisenhower, Dwight D. ["Don't Join the Book Burners"]. Address delivered at Dartmouth College Commencement, Hanover, N.H., 14 June 1953. In Vital Speeches of the Day, 19:570-71, 1 July 1953. (Also in Daniels, The Censorship of Books, pp. 101-3) E52 §
"Don't join the book burners. Don't think you are going to conceal faults by concealing evidence that they ever existed. Don't be afraid to go in your library and read every book as long as any document does not offend our own ideas of decency. That should be the only censorship."
-------. "Letter [on Intellectual Freedom] to Robert B. Downs, President of the American Library Association, 24 June 1953." In ALA Bulletin, November 1953, p. 484; Wilson Library Bulletin, September 1953, pp. 59-60; Daniels, The Censorship of Books, pp. 154-55; and Downs, The First Freedom, pp. 340-41. E53
Letter from President Eisenhower during the controversy over censorship of U.S. Information Libraries abroad, read to the American Library Association conference in Los Angeles, 26 June 1953. "The libraries of America are and must ever remain the home of free inquiring minds."
Eldon, John Scott. Speech of the Lord Chancellor [1st Earl Eldon] and Judgment of the House of Lords . . . 1802, in the Appeal of John Morthland, Advocate, and John Johnstone, Printer in Edinburgh, against John Cadell. Edinburgh, J. Johnstone, 1802. 16p. E54
Eldon was a reactionary Tory, opposed to both Catholic emancipation and liberal reform. He had earlier prosecuted John Horne Tooke and other sympathizers with the French Revolution.
Eldredge, Lawrence H. Development of Freedom of the Press in Colonial America; Address before the Society of Colonial Wars in the Commonwealth of Pennsylvania, March l4, 1940. Philadelphia, Printed by order of the Society, 1940. 23p. (Historical Publications of the Society of Colonial Wars in the Commonwealth of Pennsylvania, vol. 5, no. 4) E55
Elias, Erwin A. "Obscenity: The Law, a Dissenting Voice." Kentucky Law Journal, 51:611-64, Summer 1963. E56 §
"Although emphatically opposed to capricious censorship . . . there is no inclination to embrace what appears to be the prevailing view of most commentators and the Supreme Court that whatever is in fact published is entitled to near absolute protection." While preferring a middle ground between the extreme of complete censorship and complete absence of restraint, if a choice must be made, "the writer is inclined more and more toward favoring regulation and even censorship with respect to publications dealing with sex . . . These views do not carry into the area of political speech where the considerations involved weigh heavily on the side of free expression." Free society cannot exist without frank political discussion but it can get along without degrading portrayal of sex relations.
Eliasberg, W. G. "Art: Immoral or Immortal?" Journal of Criminal Law, Criminology and Political Science, 45:274-78, April 1954. E57
A New York psychiatrist uses the "pornographic criterion" to judge the immorality in art. "The true work of art, by its artistic quality, is moral in as much as it lifts the mind of the onlooker or the reader into the sphere of his own problems and urges him to find a solution within the framework of the civilization in which he lives."
Eliel, Richard H. "Freedom of Speech During and Since the Civil War." American Political Science Review, 18:712-36, November 1924. E58
"It is to the two great crises of American history, the Civil War and the World War that we must look for the best example of the theory and practice of free speech." War forces a re-examination of the guarantees under the Constitution. The author considers the theory of expedient suspension of free speech practiced during the Civil War; Blackstone's theory of prior restraint and its modification by Cooley; the theory of liberty v. license; and the liberal interpretation of the use-abuse theory expressed by Holmes, Brandeis, Hand, Pound, and Chafee. The doctrine of the liberals is that "argument should be met with argument, for if force is used who can be sure that it will be used on the right side? If force is used truth loses its superior survival values."
Elkin, Frederick. "Censorship and Pressure Groups. "Phylon Quarterly, 21:71-80, Spring 1960. E59
Underlying demands for censorship are three basic assumptions: (1) Messages of the mass media express norms, values, and ideas; (2) messages have an impact on the audience; and (3) the impact threatens the existence of the society or a subgroup. Not all ideas which attack accepted norms are considered threatening--it depends upon such factors as the size of the menace, the context, the public symbols of the characters involved, and the security of the group threatened. Pressure groups perceive those ideas to be threatening that either relate to the public interest or the welfare of their own group. The author gives numerous examples of censorship efforts by pressure groups within the framework of his classification.
"Ellen Glasgow on Censorship and Sinclair Lewis." ALA Bulletin, 56:618, July 1962. E60 §
[Elliot, James B.?]. "Jefferson's Friend Cooper; an English Freethinker and Philosopher Who Followed Paine in Adopting America as a Home. By Historicus." Truth Seeker, 37:342, 28 May 1910. E61
A brief account of Thomas Cooper's removal as professor at South Carolina College and his conviction under the Sedition law.
Elliott, Desmond. "Books That Shocked." Books and Bookmen. A series beginning April 1959. E62
(1) The Well of Loneliness, 4(7):7, April 1959; (2) Elinor Glyn and Sin, 4(8):18, May 1959; (3) Most Banned Author (D. H. Lawrence), 4(9):18, June 1959; (4) Fight for Romance; Fifty-Year War with Society of Dr. Marie Stopes (birth control), 4(11):12, August 1959; (5) Regina v. Warburg, 4(12):15, September 1959; (6) Really, Mr. Sinclair (Upton Sinclair), 5(1):17, October 1959; (7) Scandal over Studs (trial over James Farrell's Studs Lonigan), 5(2):23, November 1959; (8) The Passing of Little Nell (censorship not involved); (9) Field Day for the Righteous (Sleeveless Errand by Norah C. James), 5(4):17, January 1960; (10) Genius or Rubbish? (Elliot condemns the literary pundits and suggests we are missing nothing by banning Miller's Tropic of Cancer), 5(5):17, February 1960; (11) The Ego of Henry Miller, 5(6):10, March 1960; (12) Disciple of the Devil; the Eroticism of Aleister Crowley, 5(7):20, April 1960; (13) The Book That Shocked Paris; Strange Story of Madame Bovary, 5(9):11, 46, June 1960; (14) Mark Twain's Dilemma, 5(10):13-14, June 1960; (15) The Book That Caused a War (Uncle Tom's Cabin), 5(12):16, 20, September 1960; (16) The Bodley Head Bombarded (the arrest of Oscar Wilde caused not only a mob at his publisher's door, but also, ironically, the sacking of an editor [Beardsley] who had consistently refused Wilde's work), 6(1):15, October 1960; (17) The Mighty Marie (Cordelli; censorship not involved). Articles 18, 19, and 20 in the series are listed under Godfrey Harrison.
Elliott, George. The Newspaper Libel and Registration Act, 1881. With a Statement of the Law of Libel as Affecting Proprietors, Publishers, and Editors of Newspapers. London, Stevens & Haynes, 1884. 130p. E63
Elliott, George P. "Against Pornography." Harper's Magazine, 230:51-60, March 1965. E64 §
The author approaches a consideration of pornography from what he admits are two not very compatible points of view--"a liberal suspicion of censorship and a conservative dislike of pornography"--seeking some sort of compromise. Psychologically the trouble with pornography is that it intrudes upon the rights of others. It is only when it becomes public that it deserves attention from the state. To purveyors of pornography he would say: "Bother your neighbors, especially children, and you will be punished; leave others untroubled by your vice and you will be viewed with disapproval by the law but left alone." Elliott suggests three valid arguments against censorship of pornography: the impossibility of law offering a clear and sure guide, the scientific uncertainty of the affect of pornography on the user, and the harm of increasing the power of state and police. Less persuasive are the arguments that decent citizens can stop pornography, that pornography may have a value in releasing sexual tensions, that censorship attaches unfortunate prurience to reading of literary works, and that an obvious solution is to abolish all sex taboos. "Decent people had better learn now," he advises, "to censor moderately, or the licentiousness released by liberal zealots may arouse their brothers the puritan zealots to censorship by fire." He offers as a civilized method of censorship the use of a censorship board consisting of three general categories of citizens--the lawyer, the humanist, and the social worker-psychologist-clergyman, with right of appeal to the courts. Finally, he deals with the use of pornography by such writers as Jean Genet and Henry Miller as a weapon of nihilistic destruction.
Ellis, Albert. "Adventures with Sex Censorship." Independent, 62:4, January 1957. E65
-------. The Folklore of Sex. New York, Boni, 1951. 313p. E66
To determine the American attitude toward sex, Ellis examines the popular press, magazines, books, radio, TV, and the stage and presents his findings in an entertaining style. Chapter 22 deals with Sex Control and Censorship.
Ellis, Elmo. "'The Right to be Heard': Free Men and Free Thought in a Changing World." Southeastern Librarian, 14:89-96, Summer 1964. E67
Ellis, Havelock. A Note on the Bedborough Trial. London, University Press, 1898. 23p. (Reprinted by Douglas C. McMurtrie, New York, 1925. 26p.) E68
The author's account of his work, Sexual Inversion, and the trial of George Bedborough for sale of a copy. Appendix A contains letters to Mr. Ellis; Appendix B contains excerpts from book reviews. A review of this pamphlet appeared in The Adult, December 1898.
-------. "Obscenity and the Censor." Saturday Review (London), 146:642-43, 17 November 1928. (Reprinted in Downs, The First Freedom, pp. 168-70) E69 §
Ellis, an authority on the psychology of sexual behavior, uses his review of Ernst and Seagle's To the Pure as an occasion to express his own views on censorship.
-------. "The Revolution of Obscenity." In his More Essays of Love and Virtue. New York, Doubleday, Doran, 1931, pp. 99-136. (Also published separately by Hours Press, Paris, 1931. 40p. Limited to 200 signed copies) E70
This essay has been called by Huntington Cairns "perhaps the most adequate study of the nature of obscenity we possess." Ellis likens the fear of obscenity that possessed the Victorian age to that of the earlier fear of witchcraft. He believes that sex education rather than law is the answer to obscenity. He criticizes D. H. Lawrence's essay on obscenity as confused and "muddle-headed."
-------."Studies in Sex: a History." American Mercury, 37:14-21, January 1936. E71
A history of the publication of Ellis' Studies in the Psychology of Sex, the difficulties encountered in publishing the first two volumes in England, and the trial involved in the sale of the first volume.
-------. Studies in the Psychology of Sex. New York, Random House, 1936. 2 vols. E72
Ellis, a British psychologist, was one of the earliest writers to adopt a scientific approach to the treatment of problems of sexual behavior. The first volume of his Studies in the Psychology of Sex, despite its wide acceptance by the scholarly world, was termed "filthy and obscene" by Sir Charles Hall, judge in the famous Bedborough case. The foreword to this edition, written by Ellis, describes the strange publishing history of the work, including the trial of George Bedborough for the sale of a copy. Bedborough, much to the chagrin of his backers, made a deal with the prosecution, and the obscenity issue was not settled. The Postscript to part 3 of volume 2, Sex in Relation to Society, also deals with the attack on this work.
-------, et al. "The 'Censorship' of Books." Nineteenth Century, 105:433-50, April 1929. E73
A symposium, with the following contributors: I. Lord Darling, who writes against proposals for an official government censor, but accepts the need for action against obscenity under the rule of Lord Chief Justice Cockburn. II. Havelock Ellis, who opposes censorship, making 6 points--(1) it is impossible to define obscenity, (2) banning creates an artificial demand for the product banned, (3) our censors are too tangled in their own taboos about sex, (4) it is a mistake to identify censorship with the Puritans, since they had no horror of plain speech or even plain action (5) the Bible and all great literature have obscene elements, and (6) for wholesomely born and bred persons obscenity is no problem. III. Stephen Foot, a schoolmaster, who maintains that indecent books do an immense amount of harm to all boys between the ages of 14 and 19. IV. E. M. Forster, who objects to the application of the Campbell Act, intended to suppress pornography, to works of literary merit. While agreeing that people should not be corrupted by blasphemy he sees no reason why they should not be shocked or that the law should be called in to avenge a man's private opinions. Nonpornographic works on homosexuality, which is a fact of life, ought not be suppressed. V. Virginia Woolf, who believes that the police magistrate's power to suppress obscene books should be limited to those whose intent is to corrupt and not to those whose indecency is incidental to another purpose--scientific, social, or aesthetic. VI. Carrol Romer, editor, who gives a résumé of the obscenity law and the manner in which it came about.
Ellison, Bill. Free Speech and Sedition Since 1946. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1961. 6p. (Publication no. 60) E74 §
A review of the decisions of the Vinson Court (1946-53) and the Warren Court (1953-date).
Ellsworth, Ralph E. "Comments on Censorship." Stechert-Hafner Book News, 4:17, October 1949. E75
A university librarian complains of the "general indifference [of librarians] to the widespread and apparently increasing practice of censorship." Librarians fail to realize that they must protest each act of censorship as it occurs, that censorship is going to show itself through all media, not just through the book, and that "the tyrant always does his foul work under guise of legality."
-------. "Is Intellectual Freedom in Libraries Being Challenged?" ALA Bulletin, 42:57-58, February 1948. E76 §
A guest editorial calls for librarians to consider anticipatory actions against future assaults on libraries, in order to protect intellectual freedom. Currently the major assaults are in other areas than libraries, and the basic question at present for librarians to face is "whether or not, individually or collectively, they wish to exert their influence in defense of freedom outside of the libraries where freedom is being assaulted."
"Elmer Gantry Banned in Boston." Publishers Weekly, 111:1569-71, 16 April 1927. E77
Account of the withdrawal of Sinclair Lewis' book from Boston bookstores on threat of prosecution by the District Attorney.
Elsten, Harold L. "Mass Communication and American Democracy." In Waples, Print, Radio, and Film in a Democracy. Chicago, University of Chicago Press, 1942, pp. 3-13. E78
The author examines the implications of "free competition" in the communications industry and the extent to which it serves the public interest in a democracy.
Elston, Laura. "Censorship. The What and Why of Movie Censorship." Canadian Magazine, 79:6, 48-50, May 1933. E79
"Canadians accept a viewpoint on morals that varies with each province. It is imposed [by government officials] at a substantial cost that they only occasionally stop to consider." The author questions whether Canadians need a more rigid censorship than Britain or the United States. She does not question the need for censorship of films, but rather the cumbersome administrative structure.
Elton, Oliver. C. E. Montague, a Memoir. London, Chatto and Windus, 1929. 335p. E80
Chapter 6 is on Press Censorship.
Elvin, Rene. "Film Censorship: Its Evolution and Practice in Britain and America." Persuasion, 20:48-55, Autumn 1950. E81
A comparison of film censorship in the United States and Great Britain. "In some respects the British censorship practice is more liberal than the American. Thus, it shows itself more tolerant of profanity in language and even of certain sexual license, though here it discriminates against serious discussions of sex problems while showing lenience to 'glamorous' or humorous treatment of sex." The British film censor is more "pusillanimous" in treating religious and political subjects than his American counterpart. The censors have contributed toward the elimination of much vulgarity and pornography in the making of innocuous mass entertainment. The censors, however, cannot be held responsible for the industry's tendency to aim at the broad, uncultured masses.
Elwall, Edward. The Triumph of Truth; Being an Account of the Trial of Mr. E. Elwall before Judge Denton, for Publishing a Book in Defence of the Unity of God; at Stafford Assizes; in the year 1726 . . . [Birmingham Eng.], Printed and sold by M. Swinney, 1788. 12p. (Summarized in Schroeder, Constitutional Free Speech, pp. 334-37) E82
Elwall, a Sabbatarian, was brought to trial on a blasphemy charge for his tract, A True Testimony for God, which defended the Unitarian doctrine. After he had presented a lengthy argument in behalf of his ideas, and prominent citizens had testified to his honesty, the judge dismissed the case. Schroeder concludes that charges were not pressed because "unitarian blasphemy was politically harmless." The first edition of the account of the trial was probably issued in 1726. Editions continued to be published for almost a century. Joseph Priestley has written the preface to a number of editions.
-------. The Triumph of Truth; Being an Account of the Trial of Mr. E. Elwall, for Heresy and Blasphemy, at Stafford Assizes, before Judge Denton. To which are added, Extracts from William Penn's Sandy Foundation Shaken . . . 2d ed. London, Printed for J. Johnson, [1788?]. 24p. E83
In the preface to this edition the editor explains why William Penn's work is relevant to the Elwall heresy trial. He accuses Penn of "unworthy prevarication" in matters of Unitarian doctrine in order to get out of prison, where he was sent in 1668 for his Sandy Foundation Shaken. If he had taken a stronger stand in behalf of this work, it "would have been infinitely more to his honour than being the founder of Pennsylvania."
Ely, Catherine B. "Life in the Raw." North American Review, 226:566-69, November 1928. E84
The author charges that it is chiefly women, taking advantage of their increased freedom, who support with pocketbook and gossip the current purveyors of "literary carrion."
Embree, Raymond. "What to Do Until the Censor Comes." Ohio Library Association Bulletin, 34:24-26, July 1964. E85
The author suggests that librarians keep a written record of reasons for purchasing a title; that they be sure that their trustees have full knowledge of and are in agreement with the library's buying policies; that librarians, by cultivating good relations with the press and civic organizations, be prepared in advance for censorship pressures.
Emerson, Thomas I. "The Doctrine of Prior Restraint." Law and Contemporary Problems, 20:648-71, Autumn 1955. E86 §
"The concept of prior restraint, roughly speaking, deals with official restrictions imposed upon speech or other forms of expression in advance of actual publication" as distinguished from punishment imposed after the communication has been made. The author, professor of law at Yale University, treats of the development of this concept in American law. Only two exceptions to the rule against prior restraint are indicated: military operations in time of war and "traffic" controls where communication facilities are limited. Exceptions beyond these limited categories "are dangerous and tend to nullify the doctrine."
-------. "An Essay on Freedom of Political Expression Today." Lawyers Guild Review, 11(1):1-17, Winter 1951. E87
The author discusses the theory of freedom of expression in America and traces its history through the encroachments on freedom of political expression by the Sedition Act, the Espionage Act, and the more recent Smith and McCarran Acts. He reviews both the actions of the Congress and the decisions of the federal courts. He considers such devices as the McCarran Act, the Federal Loyalty Program, and the use of the administrative rather than the judicial process to determine guilt or innocence, as dangerously undermining the whole legal structure protecting freedom of political action.
-------. "Freedom of Association and Freedom of Expression." Yale Law Review, 74:1-35, November 1964. E88
This article has attempted to explore some of the doctrines on freedom of association as they relate to the field of freedom of expression, particularly "issues presented when the government seeks to impose restrictions on an organization or its members for the purpose of reconciling interests in freedom of expression with other social interests."
-------. "Toward a General Theory of the First Amendment." Yale Law Journal, 72:877-956, April 1963. (Issued in book form by Random House, 1966. 245p.) E89
"In the first part of this article we have attempted to set forth the various factors upon which any non-verbal interpretation of the first amendment must rest." Two major conclusions emerge. "One is that the essence of a system of freedom of expression lies in the distinction between expression and action . . . The other conclusion is that conditions in a modern democratic society demand that a deliberate affirmative, and even aggressive effort be made to support the system of free expression." In the second part of the article the author attempts "to formulate a basic theory and specific legal doctrines which would take into account the underlying factors . . . The endeavor has been to demonstrate that a comprehensive and consistent theory of the first amendment, providing a rational basis for explaining apparent exceptions and remedying deficiencies in existing doctrine, is possible."
-------, and David Haber, eds. Political and Civil Rights in the United States. 2d ed. Buffalo, Dennis, 1958. 2 vols. (United States Case Book Series) E90
Chapter 4 includes historical background of political expression in the United States--the First Amendment, the Sedition Act, and wartime restrictions. Chapter 5 deals with cases on obscenity, group libel, individual libel, and slander. Chapter 6 covers control of the specific mass media--newspapers, radio, and motion pictures.
Emery, Edwin, and Henry L. Smith. The Press and America, An Interpretive History of Journalism. 2d ed. Englewood Cliffs, N.J., Prentice-Hall, 1962. 801p. E91
A general history of the press and more recent media of mass communication, presented as part of America's economic, political, and social life. Numerous references throughout to censorship.
Emery, Walter B. Broadcasting and Government: Responsibilities and Regulations. East Lansing, Mich., Michigan State University Press, 1961. 482p. E92
The book explains the role of the FCC and other government agencies in the control of wire and radio communication, particularly broadcasting, and presents the important policies and regulations that govern these media. Part 1 covers the basic technical and economic factors of regulation; part 2, the powers and functions of the FCC and other regulatory agencies; part 3 deals with technical rules and regulations; part 4 deals with problems of getting a license and keeping it; part 5 includes requirements regarding programming and use of material; part 6 analyzes some of the current problems of broadcast regulation and suggests possible remedies.
-------. "Government's Role in the American System of Broadcasting." Television Quarterly, 1:7-13, February 1962. E93
A survey of the government's relation to broadcasting and the powers and limitations of the FCC in encouraging more effective use of the airwaves.
-------. "Legal Restrictions on Use of Program Materials." Journal of Broadcasting, 4:241-52, Winter 1959-60. E94
Deals with the use of copyright materials, unfair competition, and the right of privacy.
Emlyn, Thomas. "A True Narrative . . . of the Proceedings of the Dissenting Ministers of Dublin against Mr. Thomas Emlyn; and of His Prosecution . . ." In Emlyn, A Collection of Tracts . . ., London, 1719. E95
England's first Unitarian minister was brought to trial at the urging of his fellow ministers of Dublin, on charges of publishing a blasphemous libel. The offending tract was An Humble Inquiry into the Scripture Account of Jesus Christ. Before a civil court composed largely of clergy, the defense was browbeaten and Emlyn was refused permission to speak in his own behalf. He was found guilty and sentenced to a year's imprisonment, given a heavy fine, and placed on life probation. Numerous editions of the account of the trial have been published.
Emmerich, Oliver. "Is Our Freedom Immortal?" Nation's Business, 28:15-16, 56-57, December 1940. E96
The author contrasts the controlled press of totalitarian countries which he has visited, with the free press of America, and calls for vigilance in upholding the right of minority opinion, the first area that the dictator attacks.
"End of the Censor's Reign of Terror." Literary Digest, 60:30, 15 March 1919. E97
Extracts and illustrations from and commentary on the special 29 January issue of The Bystander (London), celebrating the end of wartime censorship in England.
"End to Censorship." Public, 21:1398-99, 16 November 1918. E98
The author calls for an end to wartime censorship practices which "lose all their sanction now that the war is over." He pleads for return to the antebellum tolerance of dissenting opinion.
"Enemies of Society." New Republic, 58:318-20, 8 May 1929. E99
The enemies of society are the "dirty-minded, snobbish and ignorant spy or censor" who takes action against such worthy works as Mary Ware Dennett's book on sex education. "They have done injury not only to a principle but to the children of the nation."
"The Enforcement of Laws against Obscenity in New York." Columbia Law Review, 28:950-57, November 1928. E100
"Nowhere, except in the closely related conflicts over free speech, do parties align themselves with such bitterness and such irreconcilable attitudes" as in the enforcement of laws against obscenity. The article examines the treatment by the legislature and courts of New York of the ethical and administrative problems raised by this phase of public opinion. "There is probably no field of the law in which administrative bodies are so perplexed in gauging public opinion as in the enforcement of the laws against obscenity."
"England Says Hush; Posters, Comic and Grim, Warn War Gossipers to Hold Tongues." Life, 8:47-48, 18 March 1940. E101
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