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[-------, et al.] Free Press: Arguments in Support of Demurrer to the Indictment of M. Harman, E. C. Walker, and Geo. Harman, under the Comstock Law, by C. C. Clemens and David Overmeyer. Also Judge Foster's Decision Overruling the Demurrer. Valley Falls, Kan., Lucifer Publishing Co., 1889. 43p. H103 §
The pamphlet contains the written brief and oral arguments presented to Judge Foster and the decision of the judge overruling the demurrer. The defense constitutes arguments against the Comstock obscenity laws.
Harned, Thomas B. "Whitman and His Boston Publishers." Conservator, 5:150-53, December 1895; 6:163-66, January 1896. H104
An account of the suppression of the Boston edition of Leaves of Grass, told by one of Whitman's literary executors. The book was withdrawn by the publisher, James R. Osgood, after pressures were exerted by the district attorney, who in turn had been under pressure from the New England Watch and Ward Society.
Harnett, Bertram, and John V. Thornton. "The Truth Hurts: A Critique of a Defense of Defamation." Virginia Law Review, 35:425-44, May 1949. H105
Notes on the legal aspects of speaking or publishing true but damaging facts, with special attention to the law of privacy.
[Harper, Edward]. The Harper and Maine Slander Case. Commonwealth versus Harper. Trial for an alleged Slander against Sebeus C. Maine, in the Superior Court, Criminal Session, December 29, 1862. [Boston, 1863]. 68p. H106
Relates to the distribution of a handbill attacking Sebeus C. Maine, nominated for justice of the police court, Boston, as being a "lying and licentious scoundrel." The case was one of the first to be tried under the amended libel law of Massachusetts (1855) which permitted truth as a sufficient justification, unless malicious intent is proved. The jury found Harper guilty on two counts, not guilty on a third.
Harpster, James E. "Obscene Literature." Marquette Law Review, 34:301-9, Spring 1951. H107
"It would seem most reasonable for the legislatures to confer upon the courts the authority to enjoin all obscene literature, which literature could be defined with detailed exactness. Such a listing should contain, inter alia, magazines devoted wholly or in part to the pictorial presentation of nude and seminude females . . ., nudist publications; comic books emphasizing sex or crime; publications which identify lust with love or which relate in detail either licit or illicit sexual intimacies; publications carrying suggestive cartoons; books and magazines presenting immorality in an attractive light; and magazines carrying advertising for such immoral literature. The list of course could and should be expanded . . . To prove the necessity for such a statute, one needs only to go down to his corner drugstore and watch what children read."
Harris, Albert W., Jr. "Movie Censorship and the Supreme Court: What Next?" California Law Review, 42:122-38, Spring 1954. H108
How the states have responded to the U.S. Supreme Court decision, Joseph Burstyn Inc. v. Wilson, in which the Court ruled that motion pictures were entitled to the protection of the First Amendment. The author speculates on the implication of this decision in relation to the future of movie censorship.
[Harris, Benjamin]. A Short but Just Account of the Tryal of Benjamin Harris, Upon an Information Brought against him For Printing and Vending a late Seditious Book called An Appeal from the Country to the City, for the Preservation of His Magesties Person, Liberty, Property, and the Protestant Religion. [London, Benjamin Harris], 1679. 8p. (Also in Howell, State Trials, vol. 7, pp. 926 ff.) H109
The book, An Appeal from the Country to the City, had been written anonymously by Charles Blount and published by Harris. The latter was brought to trial in 1679 for publishing a seditious libel. Chief Justice Scroggs declared: "You can hardly read a more bad, and pernicious book, to put us all into a Flame." Scroggs ruled that under the Regulation of Printing Acts it was illegal to publish anything about the government without permission. Harris was not permitted to speak in his own defense and the jury was not permitted to read the book. Harris was found guilty, and, in default of a fine, was sent to prison. Upon his discharge he published Triumphs of Justice over Unjust Judges, which he dedicated to Justice Scroggs, and continued his attacks on the papists in his newsbook, Domestic Intelligence. He was able to escape punishment inasmuch as the Printing Act had accidentally been allowed to expire in 1679. In 1686 Harris moved to Boston where he opened a print shop and on 25 September 1690 published Publick Occurrences Both Foreign and Domestick, the first newspaper printed in America, which was banned after its first issue.
-------. To the Honorable House of Commons Assembled in Parliament. The Case, and Humble Petition, of Benjamin Harris Book-seller, lately come from New-England. [London, 1695?]. Broadside. H110
Harris, a London publisher who had spent time in jail for printing seditious works, had just returned from a nine-year stay in America. His petition asks for clearance of the earlier censorship cases against him so that he might support himself and his family.
Harris, E. H. "Shall the Government Own, Operate, and Control Radio Broadcasting?" Proceedings, National Advisory Council on Radio in Education. Chicago, University of Chicago Press, 1934, pp. 90-96. (Reprinted in Johnsen, Freedom of Speech, pp. 271-75) H111
Harris, Frank. "Mr. Sumner under the Microscope." Pearson's Magazine, 38(2):79-80, August 1917. H112
Deals with John Sumner's management of the finances of the New York vice society and his conduct as censor. "In the last two years in New York Mr. Sumner has done more harm than any other man or society in the city."
-------. "Mortal Disease--the Censorship." Pearson's Magazine, 38:367-68, February 1918. H113
-------. My Life and Loves. Edited, with an introduction by John F. Gallagher. New York, Grove, 1963. 5 vols. in 1 (1070p.). H114 §
In his foreword to this often-suppressed autobiography, Harris writes of the history of opposition to sex expression in English and American literature and of his determination to rebel "against this old maid's canon of deportment" by writing freely of his sex life, an ingredient omitted in most biographies. His ultra frankness in describing his numerous amours (one writer calls it his "sexual gymnastics") resulted in the work being widely banned. Opposition to My Life and Loves in England and Germany, Harris notes, was as much based on his unflattering portrayal of the English nobility as on alleged obscenity. References to the long record of censorship of his work as well as comments on obscenity censorship in general in the United States, England, Germany, and France, appear in the general introduction, in prefaces to volumes 2, 3, and 5, and in chapter 14 of volume 4, Prosecution of My Life.
-------. "Sumner and His Satellites." Pearson's Magazine, 38:362-63, February 1918. H115
This article refers to some of John Sumner's activities as New York sex censor and questions his financial management of the Society.
-------. "Sumner and His Vice." Pearson's Magazine, 38(3):130, September 1917. H116
A vitriolic personal attack on Sumner, the "chief inquisitioner."
-------. "Sumner and Indecency." Pearson's Magazine, 37:556-58, June 1917. H117
Sumner and his assistants had seized the May issue of Pearson's Magazine because of Harris' article on the vices of the New York Night Court. The case had not yet come up for trial. Harris comments bitterly on an earlier brush with the vice society when it attempted to suppress his book, Oscar Wilde. He also refers to the prosecution of Bruno for publishing Kreymborg's Edna, Girl of the Street.
Harris, George W. Contempt of Court as It Affects Newspapers. Evanston, Ill., Northwestern University, 1931. 73p. (Unpublished Master's thesis) H118
Harris, Henry W. The Daily Press. Cambridge, Eng., University Press, 1943. 146p. H119
An analysis of the contemporary British press by the editor of the Spectator. Harris believes that commercialization, monopoly, fear of libel in exposing abuse, and government pressures, have made some, but not serious, inroads on press freedom. He recommends reform of libel and contempt of court laws. Self-imposed professional restraints are to be preferred to more government control.
Harris, K. A. "Censorship in Kansas: A Dilemma." Your Government; Bulletin of the Governmental Research Center (University of Kansas), 19(4):1-3, 15 December 1963. H120
Kansas is one of 4 states maintaining film censorship boards, despite court decisions questioning the legality of such boards. The author of the article discusses the changed standards of movie censorship as influenced by public opinion and the courts. He estimates that over a period of 40 years the board consistently altered some 10 to 20 per cent of the movies it reviewed.
Harris, Sydney J. "You Get Soiled in Hunt for Dust." In his Last Things First. Boston, Houghton Mifflin, 1961, pp.188-89. H121
Harrison, Austin. "Gott Strofe All Intellect." English Review, 24:470-73, May 1917. H122
Criticism of the British government ban on The Nation.
-------. "The Lion in Blinkers." English Review, 19:204-15, January 1915. H123 §
Accusation that Britain, fighting a war under voluntary conscription which depends upon support of public opinion, is governed by a despotic press censorship. "A democracy which does not trust itself, that is to say, its Press, is a poor thing."
-------. "Literature and the Policeman." English Review, 38:358-65, March 1924. (Reprinted in Downs, The First Freedom, pp. 46-49) H124 §
An appeal to leave literature and art to the judgment of the critic and artist and not to the policeman. Literary offenses must be tried, if at all, before a special jury of literary people. The strict moral code in literary expression makes it "almost impossible to write truthfully about things in England."
[-------]. "The New Censorship." English Review, 7:530-40, February 1911. H125
We have a mania for pretending we are not grown up. Fiction intended for adult readers is banned by the censor on grounds that it might be harmful to children. While we allow the newspaper press free rein in reporting sex and crime, we object to the same realism in fiction. Banning of Neil Lyons' Cottage Pie is an example. The present practices of the British lending libraries in making all words safe for children is "really a declaration of our mothers' bankruptcy." Harrison calls on the feminists to direct their energy against the vigilance societies. "Does the public know that literature is in the hands of the informers?"
-------. "Off with the Blinkers." English Review, 21:317-23, October 1915. H126
The editor calls upon the new coalition government to free the press to tell the truth about the conduct of the war. "Only the Press can arouse the people to see the war as it is and take the proud step essential to victory." The Press should demand that government take off the blinkers.
-------. "Under the Collar." English Review, 13: 477-85, February 1913. H127 §
An editorial critical of the part English circulating libraries have played in censoring books and intimidating authors and publishers. Harrison recommends that authors take the initiative in fighting for a free press.
Harrison, Earl G. "Television and Censorship." Pensylvania Bar Association Quarterly, 21:128-35, January 1950. H128
Reference to the first test of the power of the state to impose censorship on television broadcasting, Allen B. Du Mont Laboratories, Inc. et al. v. Carroll et al. (1949). The case involves regulations of the Pennsylvania Board of Censors.
Harrison, G. B. "Books and Readers, 1599-1603. Library, 14 (4th ser.):1-33, June 1933.H129 §
Discusses such controversial publications as John Hayward's The First Part of the Life and Reign of Henry the Fourth, the suppression of nine other books, and the ban on English histories.
Harrison, Godfrey. "Burned by the Hangman." Books and Bookmen, 8(5):17, February 1961. (Books that Shocked, no. 18) H130
"Some aspects of seventeenth-century persecution when authors were liable to lose their ears." (Earlier articles in the series were written by Desmond Elliott.)
--------. "The Royal Mistress." Books and Bookmen, 8(7):17, 20, April 1961. (Books that Shocked, no. 20) H131
Account of the burning of a biography of Madame de Pompadour in London at the request of the French king and carried out with the help of his agent, Beaumarchais, himself a censored author.
Hart, Fred B. "Power of Government over Speech and Press." Yale Law Journal, 29:410-28, January 1920. H132 §
The author defends the constitutionality of the 1917 Espionage Act, on the basis of the right of government to punish persons advocating disobedience of the law.
Hart, William H., comp. 1ndex Expurgatorious Anglicanus: or a Descriptive Catalogue of the Principal Books Printed or Published in England, which have been suppressed or burnt by the Common Hangman, or censured, or for which the authors, printers, or publishers have been prosecuted. London, Smith, 1872-78. Parts 1-5 (290p.). (Reprint announced by Burt Franklin, New York) H133
An early effort at a comprehensive bibliography of banned British books, issued in 5 paperbacked sections during 1872-78. The first 4 sections, examined in the New York Public Library, contained 260 entries, all fully annotated. The first book recorded as being banned was A Supplicacyon for the Beggars, compiled by Simon Fyshe and published in 1524. It offended Cardinal Wolsey, who had it suppressed. The second and third offending books were William Tyndale's translation of the New Testament and his Parable of the Wicked Mammon. These 3 works and several others were proscribed by a proclamation of 1530. Hart's list includes the many banned works of the Puritan Revolution and the last entry (Part 4) is for Henry Carr's English Liberties, or the Freeborn Subject's Inheritance, 1682.
Hartley, Jack. "Censorship and the School Librarian." Arizona Librarian, 18(3):9-10, Summer 1961. H134
"The teacher-librarian is on the firing line in any problem involving censorship. This is exactly where he should be . . . he must always look to his first line of defense--a knowledge of his books."
[Hartman, L. O.]. "Polluting the Springs: A Discussion of Censorship from Another Point of View." Publishers' Weekly, 102:1785-86, 11 November 1922. H135
The editor of the Methodist Church's Zion's Herald condemns the trend toward immorality in literature, but believes the most effective censorship is informed public opinion and an exposure of the "literary charlatans who have prostituted their abilities for the sake of the almighty dollar or a cheap popularity." He calls upon the publishing industry to put its house in order to avoid the pressure for literary censorship.
Hartnett, B., and J. V. Thornton. "Truth Hurts--A Critique of a Defense to Defamation." Virginia Law Review, 35:425-45, May 1949 H136
Hartz, F. R. "Obscenity, Censorship, and Youth." Clearing House, 36:99-101 October 1961. H137
Young people are not generally attracted to the book that has excellent literary qualities but is undesirable for adolescent reading. These books are generally of a "heavy nature." If such a book is chosen, to take it away only whets the curiosity and calls undue attention to the work. "It all comes down to the fact that you can't keep children in cotton wool. They come up against life in hundreds of ways and in many guises often worse than what they read in books. There is greater danger in a false picture of life than in the admission of certain true but disagreeable facts."
Harum, Albert E. "Remolding of Common Law Defamation." American Bar Association Journal, 49:149-54, February 1963. H138
Discussion of the common-law distinction between libel and slander, and commentary on the law of defamation in relation to radio and television.
[Harvey, Daniel W., and John Chapman]. "Trial of Daniel Whittle Harvey and John Chapman, for a libel on George 4, before Abbott, C.J. and a special jury at Guildhall, on October 30, 1823." In Macdonell, Report of State Trials, vol. 2 pp. 1-67. H139 §
The defendants had published in their newspaper a statement "from authority" that King George IV was insane. The defense counsel admitted the statement was false, but pleaded it was not made with malicious intent. Judge Abbott ruled that the effect presumed to have been intended was the effect which the publication was calculated to produce. The defendants were convicted.
Harvey, Holman. "Help Stamp Out This Vile Traffic." Reader's Digest, 74:69-73 March 1959 H140
"Obscene photographs and lewd movies 'for private showing' aimed at school children, circulate by the millions and constitute a dangerous threat to the morals of our youth." The author urges citizens to notify the post office when pornography arrives in the mail; to launch a drive against the sale of pornography in school areas; to help to put teeth in the state and local laws against pornography; and to make certain that children receive a sound and sensible sex education.
Haskins, Doug. "The Many Faces of Censorship." Canadian Forum, 33:57-58, June 1953. H141
Comments on a British Columbia court decision against Tobacco Road.
[Haswell, Anthony]. "Trial for a Seditious Libel, Windsor, Vt., 1800." In Wharton, State Trials, pp. 684-87, and in American State Trails, vol. 6, pp. 695-99. H142
The publisher of the Vermont Gazette was fined and imprisoned for two months for publishing critical articles reflecting on the prosecution of Matthew Lyon under the Sedition Act of 1798. James Morton Smith gives a full account of the Haswell case in his Freedom's Fetters.
Hatch, Azel F., comp. Statutes and Constitutional Provisions of the States and Territories of the United States and the Statutes of England, on Libel and Slander, with Suggestions of Amendments. Compiled under the auspices of, and published by the American Newspaper Publishers Association. Brooklyn, Press of Eagle Book Printing Department, [1895]. 162p. H143
Hatch, Robert L. "Latuko--The Naked and the Censor." Reporter, 7:36-38, 8 July 1952. H144
A review of the anthropological documentary film, Latuko, which was shown elsewhere in the country but banned in New York because of the code which prohibits nakedness. The film was made by the Museum of Natural History.
[Hatchard, John]. Report of the Trial of the King v. J. Hatchard, for a Libel on . . . Sir James Leith . . . Feb. 20, 1817, together With Mr. Justice Bayley's Address in Pronouncing the Sentence of the Court. London, Whitmore & Fenn, 1817. 134p. H145
Hatt, Frank. "Right to Read and the Long Revolution." Library Association Record, 65:11-16, January 1963. H146
Now that "as a nation we have more or less won literacy" and the right of access to books is recognized, librarians should be more concerned with guidance in reading and in the choice of what to read.
Hawes, William. "Television Censorship: Myth or Menace?" Television Quarterly, 4(3):63-73, Summer 1965. H147
"From this historical review of the various restrictions on TV drama, one might conclude that regardless of whether programming changes because of television executives, sponsors, critics, or the public--it does change. The careful regulations predicted for television 20 years ago are now obsolete. TV drama may soon enjoy all the freedom of novels, theater and films."
Hawthorne, Julian. In Behalf of Personal Liberty. New York, Twentieth Century, 1891. 8p. (Twentieth Century Library, no.34) H148
An open-letter of protest against the imprisonment of Ezra Heywood of Princeton, Mass., for circulating sex-education pamphlets through the mails. While "not eager to associate with Mr. Heywood's theories" and questioning the propriety of "open discussion of matters physiological and obstetrical," Hawthorne defends both the honesty of Heywood's motives and his right to free expression. "It would be better to have the country flooded with genuinely vicious and obscene literature, than to establish the precedent of imprisoning men for publishing their honest opinions." There follows a letter from Moses Harman of Topeka, Kan., relating his arrest on similar charges.
[Hay, George]. An Essay on the Liberty of the Press; Respectfully Inscribed to the Republican Printers Throughout the United States. By Hortensius. Philadelphia, Printed at the Aurora Office, 1799. 51p. (Excerpted in Levy, Freedom of the Press from Zenger to Jefferson, pp. 186-97) H149
A member of the Virginia House of Delegates, U.S. attorney in the Jefferson administration, and the prosecutor in the Burr conspiracy trial, Hay is one of the earliest and most eloquent exponents of the libertarian philosophy on the freedom of the press. No person should be punished for his opinions, regardless of the truth or falsity, and regardless of the intent. It was the purpose of the First Amendment that all men be free to criticize and condemn the government and its officers. He rejected the Blackstonian doctrine of freedom of the press being limited to freedom from prior restraint. Hay believed that "a man may say every thing which his passions suggest; he may employ all his time, and all his talents, if he is wicked enough to do so, in speaking against the government matters that are false, scandalous, and malicious" without being subject to prosecution. From this absolute freedom he would exempt only libels on private reputations. This essay deals largely with an attack on the Sedition Act, followed by Hay's radical views on freedom of expression. "My object is to demonstrate to the people, and to you, that the constitution of the United States, has been violated . . . If, Sir, these arguments shall excite in your mind, a doubt concerning the power of Congress, to define and punish libels, my purpose will be accomplished." Leonard Levy, in his Legacy of Suppression, gives a full account of the importance of Hay's opinion in the formulation of the Jefferson-Madison doctrine of a free press.
-------. An Essay on the Liberty of the Press, Shewing, That the Requisition of Security for Good Behavior from Libellers, is Perfectly Compatible with the Constitution and Laws of Virginia. Richmond, 1803. 48p. H150
A later edition of Hay's essay, bearing his name as author.
Hayes, John C. "Survey of a Decade of Discussions on the Law of Obscenity." Catholic Lawyer, 8:93-109, Spring 1962. H151
Beginning with the case of Burstyn v. Wilson, 343 U.S. 495 (1952), involving the New York film licensing statute, the author traces a decade of movement away from strict legal controls on obscenity. "Between the legally punishable and the morally evil there is a great gap. To accept as morally inoffensive all that is legally unpunishable would be to lower greatly our standards." The author sees the need for private agencies to evaluate the communications products, to publicize these evaluations, and, as parents and citizens, to seek legal means for action.
Haygood, William C. "Enclaves of America Overseas." Saturday Review of Literature, 36(28):29, 33, 11 July 1953. H152
An account of attempts to discredit and undermine the U.S. Information Service libraries abroad through censorship of books.
Hayne, Isaac W., comp. The Mercury's Course, and the Right of Free Discussion. Charleston, S.C., Walker, Evans and Co., 1857, 45p. H153
A compilation of extracts from Charleston newspapers, relating to freedom of the press in the election for representatives in the state legislature held 25-26 August 1857.
Haynes, E. S. P. The Case for Liberty. London, Richards, 1919. 128p. H154
Chapter 3, Freedom of Discussion, extends remarks made in the author's earlier book, Decline of Liberty in England, showing that during World War I there was both the loss of faith in the citizen and loss of a sense of internal and external security, leading to "a curious inversion of the whole problem of free discussion."
-------. The Decline of Liberty in England. London, Richards, 1916. 238p. H155
Chapter 5, Freedom of Discussion, considers the areas of religion, morals, and politics. Liberty of discussion is secured by four conditions--faith in the rationality and intelligence of citizens, a strong sense of internal and external security, a conviction that in certain cases it is impossible to suppress discussion of a subject, and an acceptance of the fact that the state must be the final arbiter for the sake of law and order.
-------. Religious Persecution: A Study in Political Psychology. London, Duckworth, 1904. 208p. H156
Numerous references to incidents of suppression of published works on the grounds of heresy or blasphemy.
-------, [Edward Carpenter, and Havelock Ellis]. "Taboos of the British Museum Library." English Review, 16:123-34, December 1913. H157
Books in the British Museum that are "subversive of throne, of religion, and of propriety" are omitted from the general catalog and recorded separately.
Hays, Arthur G. "Censors and Gag Laws." Library Journal, 60:792, 15 October 1935. H158
"We censor . . . in order that people should not be perverted to what we regard as views which may tend to upset our social or economic system or our moral view." The effect of gag laws and censorship has a broad significance and bars progress to an extent that cannot be measured. Librarians should "support to the fullest extent the untrammeled freedom of the human mind."
-------. "Censorship." In Fred J. Ringel, ed., America as Americans See It. New York, 1932, pp. 267-71. H159
-------. "Civil Liberties in War Time." Bill of Rights Review, 2:170-82, Spring 1942. H160
References to various actions taken against "objectionable" publications, including the paper, Social Justice.
-------. Let Freedom Ring. New York, Boni and Liveright, 1928. 341p. H161
"This book narrates some half dozen cases on freedom of education, speech and assemblage, press, residence, stage and opinion, with which the writer happened to be connected. They all occurred between the years 1922 and 1927 and have one common characteristic, fear." Includes the famous "Hatrack" case, in which Hays was counsel for H. L. Mencken, editor of the American Mercury.
Hays, Will H. The Memoirs of Will H. Hays. Garden City, N.Y., Doubleday, 1955. 600p. H162
Part 4 of Hays's autobiography deals with his career as administrator of the Motion Picture Production Code Administration, an agency of the film industry for the regulation of the moral content of movies. The agency has come to be known as the "Hays Office."
-------. "Motion Pictures and Their Censors." Review of Reviews, 75:393-98, April 1927. H163
Discussion of the background of motion picture censorship as practiced by state and municipal boards. The motion picture industry is opposed to political censorship "as un-American, unnecessary and ineffective." Self regulation of the industry is being attempted through the Motion Picture Distributors and Producers of America, as a means of improving pictures and avoiding political censorship.
"The Hays Office." Fortune, 18:68-72 pp. 139-44, December 1938. H164
An account of the growth of power in the "Hays Office," self-censorship agency for American movies, from its establishment to the present. In cutting "cuss words, navels, attractive adultry, and irrelevant drunks . . . it has saved the screen for entertainment by warding off political censorship."
[Hayter, Thomas]. An Essay on the Liberty of the Press. Chiefly as it respects A Personal Slander. London, Published for J. Raymond, 1775. 47p. H165
The Bishop of London defends the right of a free press as an outgrowth of the natural and constitutional right of free speech. The latter he traces, mistakenly, to the Magna Carta. He considers (1) how far the liberty of the press is connected with the liberty of the subject, (2) whether the complaints of the abuse of the press be well-grounded, and (3) whether the peace and security, which any individual may derive from a new restraint of the press, will compensate for the mischiefs which may result from such restraint. Personal slander he considered a "subordinate evil," and punishment should be confined to damages. Even criticism of men in public life should not be a public offense. A free press is useful to reveal the designs of evil men so that they can be detected and restrained. While decrying the abuses that freedom of the press permits, he maintains that the advantages of freedom outweigh the disadvantages. The statement, along with that of his contemporary, the Reverend Robert Hall, represents one of the most liberal of the times.
Hayward, Max. "Zhivago's Suppression--A New Theory." Library Journal, 84:1562-63, 15 May 1959. H166
The cotranslator of Dr. Zhivago theorizes about the reasons it is not being published in Russia. His belief is that the original decision not to publish it was to a large extent based on personal animosities rather than political reasons.
Hazeltine, Charles, ed. Narcissus Scrap Book: Containing an Account of the Seizure of a Nude Statuette by the City Marshal of New Bedford, the Trial of the Owner, His Suit Against the Marshal, and Comments of the Press, with Trial in the Superior Court. New Bedford, Mass., E. Anthony, 1873. 60p. H167
Headlam, Cecil. An Argument Against the Abolition of the Daily Press. Oxford, Eng., Blackwell, 1904. 16p. H168
A satire, ostensibly in favor of keeping the press, despite public clamor to abolish it. The author supports freedom of the press despite the fact that press coverage is often trivial and personal, always incorrect and misleading, encourages betting, enables us to enjoy sports without fatigue, may involve us in war, discourages good literature, etc.
-------. "Censorship of the Press." Quarterly Review, 234:132-46, July 1920. H169
Censorship in England by the Press Bureau during and immediately following World War I.
Heaford, William. "Restoration of Ferrer's Books." Freethinker (London), 32:250-51, 21 April 1912. H170
Deals with the unsuccessful effort to have the books of Francisco Ferrer destroyed, after the author had been shot by official order.
Heaney, Donald. "Obscene Literature Statutes." Wisconsin Law Review, 1955:492-98, May 1955. H171
The article (1) lists the factors which the courts have seemed to weigh in applying obscenity statutes, (2) considers the alternatives open to the Wisconsin Legislative Council [under direction to present recommendations to the 1955 Legislature], and (3) suggests the results of adopting any one alternative.
Heaps, W. A. "Textbook Controversies and the School Librarian." Wilson Library Bulletin, 16:42-43, September 1941. H172
The possibility of extending the current censorship of textbooks to censorship of school libraries suggests that librarians should be alert to attacks. They should "acquaint themselves with the nature of current criticism, the methods used in various localities in treating such attacks, and the tenets of academic freedom as reflected in printed materials."
[Hearst, William Randolph]. William Randolph Hearst's Views on NRA and Freedom of the Press. [New York, 1934?]. 36p. H173
Editorials reprinted from the New York American and other Hearst papers dealing largely with the rights of the press under the NRA codes. The editorial of 18 October 1933 supports Secretary of Labor Frances Perkins in her rebuke of a labor conciliator who threatened a local editor with prosecution for printing articles in alleged violation of the NRA.
Heartman, Charles F. Charles F. Heartman Presents John Peter Zenger, and His Fight for the Freedom of the American Press, together With a Genuine Specimen of the New York Weekly Journal Printed by John Peter Zenger. Highland Park, N.J., Printed for Harry B. Weiss, 1934. 60p. H174
A privately printed collector's item, issued on the occasion of the 200th anniversary of Zenger's trial. Each of the 99 printed copies presumably has an insert of an original issue of Zenger's paper. The text includes a review of the trial, facsimile pages of Lawyer John Chamber's brief, and Cadwallader Colden's manuscript account of the Zenger troubles.
-------. The Necessity of Prohibiting the German Press. From a Different Point of View. [New York, The Author, 1918?]. 6p. H175
The author, later known for his bibliographical work and as a dealer in Americana, "dropped a bombshell" in German-American circles by urging that the American government suppress the German-American papers because of their pro-German sentiments and their opposition to the war. Heartman, a young newspaperman, had left Germany some years earlier because of his opposition to the Kaiser.
Heath, Gary E. "On Immoral Books." Literary Review, 3:637, 21 April 1923. H176
A letter to the editor charges the vice societies with going after works of literary value, such as Many Marriages, while ignoring such insincere and foolish works as The Sheik. "If the public is sincere in wanting to do away with the cheap, trashy, obscene books, as it claims to be, why does it continue to read them by the thousands?"
Heath, S. Burton. "Press is Freedom's Skirmish Line." Nation's Business, 35:44, 46, 68-71, February 1947. H177
A Pulitzer award winner explains why censorship at any level can curb freedom by taking away "the right to read."
Heath, William H. "They, Too, Build Major Barriers Against Freedom of Information." Bulletin, American Society of Newspaper Editors, 387:10-11, May 1956. H178
The attitudes of parents, teachers, and students are often hostile to freedom of the press. As evidence, the author cites a questionnaire submitted to high school students in Haverhill, Mass., by the Chamber of Commerce. A typical answer referred to the "reactionary press which tends to tear down civic pride by printing the sorry details of each city council meeting." Similar evidence is contained in an article, Teen-Age Thinking on Press Freedom, in the April 1956 issue.
Hechinger, Fred M., et al. "The Textbook in America: A Symposium." Saturday Review of Literature, 36(16):14-23+, 19 April 1952. H179
An analysis of the American school textbook problem by a publisher, two critics, an author, a parent, a school superintendent, and a college professor. Frequent references are made to attacks by pressure groups against particular textbooks.
Hecht, Ben, and Maxwell Bodenheim. Cutie, a Warm Mamma. Chicago, Privately printed by the Hechtshaw Press, 1924. 69p. (Limited to 200 copies) (Reprinted by Boar's Head Books, New York, 1952 with a preface by Bodenheim) H180
Two literary rebels of the 20's poke fun at the censor in a risqué volume describing the naughty adventures of Rudolph Pupich, censor and "smut hound." This work first appeared under the signature of Ben Hecht in the Chicago Literary Times.
Hedley, T. H. "Consumer's Guide to Henry Miller." Hawaii Library Association Journal, 18:14-17, Spring 1962. H181
Heffron, Edward J. "Free Air or Hot Air?" Commonweal, 50:334-36, 15 July 1949. H182
Comments on the FCC ruling on editorializing over radio and the reconsideration of the so-called Mayflower decision that required balanced presentation of all responsible viewpoints.
-------. "Radio and Free Speech." Commonweal, 29:489-91, 24 February 1939. H183
Government control of radio is essential to the public welfare.
-------. "Should Radio Be as Free as the Press?" Commonweal, 47:466-69, 20 February 1948. H184
The author objects to giving radio the same right to editorialize as held by newspapers. Since radio is under government control through licensing, minorities might not have their viewpoints broadcast.
[Hefner, Hugh M.]. The Playboy Philosophy I. [Chicago, Playboy Magazine, 1963]. 47p. H185
The editor-publisher of Playboy discusses the magazine's guiding principles and editorial credo in a series of seven installments that appeared originally in the magazine from December 1962 through June 1963. Much of the discussion deals with the magazine's treatment of sex. The third editorial in the series considers the sexual revolution that has taken place in the United States as reflected in literature and the movies, with particular reference to censorship activities of the NODL and the Post Office Department. The fifth editorial deals with religious curbs on freedom of sex expression; the sixth and seventh editorials discuss obscenity and the law, the latter quoting at some length from an interview with Justice Hugo Black, conducted by Professor Edmond Cahn of the New York University School of Law. Hefner writes in the seventh editorial: "The anti-sexual in our society so fail to understand the true sexual nature of man that they try to suppress what is unsuppressible. In so doing, they hurt society in three distinct ways: 1. The censor curtails freedom . . . 2. The censor attempts to control our thoughts . . . 3. The censor impairs our mental health and well-being." Playboy's crusade for a censor-free society is not promoted by self-interest, Hefner writes, since the magazine "has never attempted to push to the outer boundaries of what was censorable," but because of a belief that citizens "will be happier in an America in which all men are allowed to exercise full freedom of speech, of press, of religion, and of association." An answer to the "Playboy philosophy" by J. Claude Evans, chaplain of Southern Methodist University, appears in Catholic World, October 1964.
[-------]. The Playboy Philosophy Il. [Chicago, Playboy Magazine, 1963]. 52p. H186
Installments eight through twelve continue the statements by Playboy's editor relating to freedom of sex expression. Editorial eight considers various points of view of sex freedom as expressed by such writers as Dr. Kinsey and Mrs. Margaret C. Banning. The ninth and tenth editorials trace the history of sexual expression from early Christendom through the Victorian era and the relationship of historic concepts to present-day sex prohibitions and taboos. Editorial eleven and twelve deal largely with censorship of obscenity in Chicago, including the recent action taken against the author himself The influence of the hierarchy of the Catholic Church and the controversy over the distribution of birth control information by the Illinois Public Aid Commission are also included.
Heidenheimer, Arnold J. "Techniques of Intimidation." New Republic, 125:14-15, 29 October 1951. H187
A review of methods used to intimidate persons who hold unorthodox views, including attacks against high school and college textbooks and college newspapers.
Heiskell, John N. The Newspaper: Keeper of the Community Conscience. Tucson, Ariz., University of Arizona Press, [1965]. 12p. (The John Peter Zenger Award for Freedom of the Press, 1964) H188 §
The author, recipient of the award, is editor of the Arkansas Gazette.
"Helen and Galahad Under Fire." Literary Digest, 92:26-27, 8 January 1927. H189
John Erskine's Private Life of Helen of Troy and Sir Galahad are denounced in the press as "moral filth."
Helffrich, Stockton. "Broadcast Censorship: Past, Present, Future." Television Quarterly, 1(4):62-68, November 1962. H190
The manager of the New York Code Office of the National Association of Broadcasters discusses some of the misconceptions concerning broadcast censorship. "The chief occasions on which censorship is truly needed are those where integrity in the attainment of a reasonable objective is missing." Healthy development in broadcasting censorship includes: "an increasing freedom for maturity in program fare; an increasing rejection of any lingering poppycock in broadcast advertising claims."
Hellrung, Gregory L. "Obscenity--Evidence--Contemporary Community Standards--Prurient." Catholic University Law Review, 12:53-55, January 1963. H191
Review of the Maryland case, Yudkin v. State, dealing with Tropic of Cancer, and related cases involving contemporary community standards concerning obscenity.
[Helwys, Thomas]. Persecution for Religion Judg'd and Condemn'd . . . London, 1615; reprinted 1662. (Reprinted in Edward B. Underhill, Tracts of Liberty of Conscience and Persecution, pp. 85-180) H192 §
Hemenway, Henry B. "Report of the Committee on Publishing Details of Suicides in the Public Press." Bulletin, American Academy of Medicine, 12: 253-63, October 1911. H193
The Committee considers the reporting of a crime as an incentive to commission of one.
Hempel, William J., and Patrick M. Wall. "Extralegal Censorship of Literature." New York University Law Review, 33:989-1026, November 1958. H194
An analysis of the use of extralegal methods to suppress works of literature, with an account of campaigns by such private groups as the National Office of Decent Literature, the American Legion, the General Federation of Women's Clubs, the Daughters of the American Revolution, and the Parent Teachers Association. References are made to official pressures in such cities as Detroit, Port Huron, Mich., and New York City. There is also a section on control of literature in the Armed Forces. The authors consider legal remedies against nonstatutory censorship by private groups and public officials, including malicious prosecution, defamation, and action against secondary boycott. Existing law is adequate to protect the public from extralegal censorship by public officials, but not from private groups, especially when they employ the boycott. Laws should be enacted which provide that coercive interferences with publication or distribution of published material are unlawful and that injunctions and actions in equity may be brought under the statute. Private groups would be protected in their freedom of expression concerning any printed matter, but would be encouraged to express their opposition under the obscenity or other applicable statutes. Appendix I: Publications Disapproved for Youth by the National Office for Decent Literature, October 1955; Appendix II: Communities in which Reading Material Available to the Public Has Been or Is Determined to Some Extent by Public Officials; Appendix III: Partial List of Pocket Books Banned by the Police in Detroit, Michigan, 1950 to 1955.
Hempstead, Walter E., Jr. "Licensing of the Press under the N.I.R.A." Oregon Law Review, 13:359-64, June 1934. H195
The author concludes that the licensing of the press contemplated under the N. I. R. A., even if exercised, would be no unconstitutional thwarting of political expression. If other business may be licensed, publishing activities may be likewise restricted.
Henderson, Gerard. "What is Left of Free Speech." New Republic, 21:50-52, 17 December 1919. H196
Criticises the opinion of the U.S. Supreme Court in the Abrams case, where friends of Soviet Russia were sentenced to 20 years in jail for opposing American intervention.
Henderson, James M. "James Fraser, 1645-1731." Aberdeen University Review, 25:138-46, 1938. H197
A biographical sketch of the licenser of printing who succeeded Roger L'Estrange.
Henderson, John. "Censorship in Montana." Wilson Bulletin, 10:480-81, 1 March 1936. H198
Comments on the exclusion from state university libraries of Vardis Fisher's Passions Spin the Plot, by action of the Montana State Board of Higher Education.
Henderson, William G. Concise Summary of the Law of Libel as it Affects the Press. Rutherford, N.J., Chemical Bank, 1915. 120p. H199
Henkin, Louis. "Morals and the Constitution: The Sin of Obscenity." Columbia Law Review, 63: 391-414, March 1963. H200 §
"I believe, despite common assumptions and occasional rationalizations, that obscenity laws are not principally motivated by any conviction that obscene materials inspire sexual offenses. Obscenity laws, rather, are based on traditional notions, rooted in this country's religious antecedents, of governmental responsibility for communal and individual 'decency' and 'morality.'"
Hennelly, Edmund P. Advertising's Most Important Challenge. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1959. 4p. (Publication no. 18) H201 §
The author discusses the threat to the freedom of advertising in various legislative proposals. "Every bill in Congress which affects the freedom from unreasonable restraint of business affects your freedom--even if the bill has no remote connection with freedom of the press. Economic freedom and political freedom are inseparable."
Hennings, Thomas C. "Constitutional Law: The People's Right to Know." American Bar Association Journal, 45:667, July 1959. H202
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