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-------. "A Legislative Measure to Augment the Free Flow of Public Information." American University Law Review, 8:19-27, January 1959. (Reprinted in U.S. Senate hearings, 86th Cong., 1st sess., Committee on the Judiciary, Freedom of Information and Secrecy in Government, 1959) H203
Senator Hennings discusses the work of the House of Representatives' subcommittee of the Committee on Government Operations, devoted to various aspects of government secrecy, and the bill proposed to "clarify and protect the right of the public to information."
-------. "Secrecy--Threat to Freedom." Progressive Magazine, 23:21-24, April 1959. (Reprinted in U.S. Senate hearings, 86th Cong., 1st sess., Committee on the Judiciary, Freedom of Information and Secrecy in Government, 1959) H204
Senator Hennings demonstrates the practices and techniques used to restrict information about government activities. He suggests a program to combat undue secrecy in government.
Henriques, Fernando. "The Perils of Pornography." Twentieth Century, 172:157-70, Summer 1962. H205
A lecturer in social anthropology at University of Leeds looks at the trade in "hard-core" pornography on both sides of the Atlantic and assesses its influence. He finds that the rise in juvenile delinquency in America is the result of complex social factors, hardly affected by trade in pornography, which is more likely to encourage private fantasies than overt action. Pornography is not a serious danger to the community; more dangerous is the apparatus of censorship. For those who insist on the destructive character of pornography, the only way to eliminate it is "to remove the forest of taboo which luxuriates around sexual activity. The open acceptance of sex as a natural function destroys the necessity for the obscene."
Henry, E. William. "The FCC and Freedom of the Frequencies: A Federal View." Yale Political, 3(1):20, 35-36, Autumn 1963. H206
The chairman of the FCC believes his agency must constantly be under scrutiny. Since it assigns frequencies to broadcasters, it must insure that they serve the public interest. By insisting upon a broad choice of programs the FCC is widening freedom of speech. A broadcaster's view is presented by Donald McGannon in an accompanying article.
Hentoff, Nat. "Trial by Newspaper; A Free Press Versus the Right of the Defendant." Commonweal, 82:110-13, 16 April 1965. H207
Hepple, Alexander. Censorship and Press Control in South Africa. Johannesburg, The Author, 1960. 78p. H208
A review of present censorship laws and the actions of pressure groups, particularly those intent on keeping literature white. The author fears further government controls in carrying out the Report of the Cronje Commission (Commission of Enquiry in Regard to Undesirable Publications).
Herd, Harold. Seven Editors. London, Allen and Unwin, 1955. 126p. H209
One of the seven biographical sketches is about William Hone, bookseller, who was tried for blasphemy in publishing parodies of the Creed and the Litany.
Herrick, Robert. "What Is Dirt?" Bookman, 70:258-62, November 1929. H210
A discussion of recent censorship activities, with special reference to deletions made by the American publisher in All Quiet on the Western Front and the banning of the magazine carrying Hemingway's Farewell to Arms. "Better to allow free pornography than to leave to any censor or board of censors the choice of what we can read and think! Less harm to public morals would be done with complete license than from the sort of censoring we suffer from at present--haphazard, ignorant, vacillating."
Herring, Clyde L. "Is Radio Censorship Necessary." In Summers, Radio Censorship, pp. 221-26. H211
The U.S. Senator from Iowa writes in behalf of a National Council for Radio, Press, and Moving Pictures to provide voluntary industry regulation of media-content to avoid undesirable government censorship.
Herring, E. Pendleton. "Politics and Radio Regulation." Harvard Business Review, 13:167-78, January 1935. H212
Consideration of the question before the Federal Communications Commission as to "whether or not commercial broadcasters shall continue to dominate the air to the virtual exclusion of other interests." The author reviews the experiences of the Federal Radio Commission and government regulation of radio, and proposes possible solutions to the problem of control of the air.
Herring, James M. "Public Interest, Convenience or Necessity in Radio Broadcasting." Harvard Business Review, 10:280-91, April 1932. (Reprinted in Buehler, American vs. British System of Radio Control, pp. 90-110) H213
-------, and Gerald C. Gross. Telecommunications: Economics and Regulation. New York, McGraw-Hill, 1936. 544p. H214
Includes regulations on national and international cables and radio transmission.
Hershey, Amos S. "So-called Inviolability of the Mails." American Journal of International Law, 10:580-84, July 1916. H215
"Recent correspondence between Allied and United States Governments has called renewed attention to the so-called inviolability of postal correspondence on the high seas during maritime warfare." A review of the international conventions and practices.
Herttell, Thomas. The Demurrer; or, Proofs or Error in the Decision of the Supreme Court of State of New York Requiring Faith in Particular Religious Doctrine as a Legal Qualification of Witnesses . . . New York, E. Conrad, 1828. 158 p. H216
A friend of Dr. Thomas Cooper, Herttell presents a strongly-worded legal argument of the right of the American citizen to form his own opinions in matters of religious faith and to state them without prejudice to his civil rights. The right of a free press is incidental to the statement, but Cooper cited it in his own treatise on the liberty of the press as a landmark on free discussion.
[Hervey, John, Baron Hervey of Ick'worth]. Further Observations on the Writings of the Craftsman. London, Printed for J. Roberts, 1730. 28 p. H217
In his Observation . . ., Seguel . . ., and Further Observations . . ., Lord Hervey accuses Bolingbroke of using The Craftsman not as a champion of a free press but to blacken the Walpole administration. He objects to Bolingbroke's use of historical parallels to avoid libel, accusing him of expounding "as unfairly, and as ignorantly [upon English history], as his Holiness ever did on the Scriptures." He also comments on the offense of Robert Nixon, imprisoned for ridiculing acts of Parliament, calling him "a nonjuring parson half mad." These pamphlets, published anonymously, have also been attributed to Sir William Yonge.
[-------]. Letter to Mr. D'Avnvers concerning the liberty of the press. London, Printed for J. Roberts, 1729. 24p. H218
An answer to Caleb D'Anvers of The Craftsman, written to vindicate the liberty of the press from some abuses that were agreeable to D'Anvers. Attributed to Lord Hervey or one of his Whig associates.
[-------]. Observations on the Writings of the Craftsman. London, Printed for J. Roberts, 1730. 31 p. H219
[-------]. Sedition and Defamation Display'd: In a Letter to the Author of the Craftsman. . . . London, J. Roberts, 1731.48p. H220
[-------]. Sequel of a Pamphlet intitled Observations on the Writings of the Craftsman . . . London, Printed for J. Roberts, 1730. 29 p. H221
Hervey, John G., and Joseph J. Kelley, Jr. "Some Constitutional Aspects of Statutory Regulation of Libels on Government." Temple University Law Quarterly, 15:453-92, July 1941. H222
On the eve of war the authors consider the history and development of seditious libel, through English common law in the formation of the First Amendment, during the War of 1812, the Civil War, and World War I (a lengthy discussion). They also discuss the syndicalist trials of the 1920's and the freedom of speech issues in labor relations during the 1930's. They conclude that there is no blanket rule to measure validity of statutes controlling libel of government; each case must be determined on its merit and upon the climate of opinion. Final approval or disapproval of actions taken by both the legislature and the court rests with the people.
Hester, Mary, Sister. "The High School Librarian and the Controversial Novel." Catholic Library World, 36:161-66, November 1964. H223 §
The author gives advice to school librarians on book selection, admonishing them to accept the responsibility of keeping harmful matter from the immature while at the same time avoiding capricious condemnation. She notes Cardinal Newman's comment that it is impossible to write about a sinful humanity without reference to sin. The real obligation of the Catholic librarian is to stress the natural law of the Church by which each individual is bound to avoid reading matter that would be harmful to his faith and morals. "Let us take all prudent precautions to safeguard the inexperienced in this matter of reading, but let us also respect our student sufficiently to insist that . . . he is the responsible guardian of his own soul."
[Hetherington, Henry]. A Full Report of the Trial of Henry Hetherington, on an Indictment for Blaspbemy, before Lord Denman and a Special Jury, at the Court of Queen's Bench, Westminster, on Tuesday, December 8, 1840; for Selling Haslam's Letters to the Clergy of all Denominations: With the Whole of the Authorities Cited in the Defence, at Full Length. London, H. Hetherington, 1840. 32p. (Reprinted in Macdonell, Report of State Trials, vol. 3, pp. 563-99) H224
Hetherington, a newspaper editor who had played a leading part in the struggle for an untaxed press in the 1830's, was tried and convicted of blasphemy for selling Charles Junius Haslam's series of pamphlets criticizing the Bible as "abominable trash." Hetherington conducted his own defense, replying to the charge of Haslam's use of "objectionable" language, that on that basis the Bible itself must be prohibited. He had before him a list of such passages which he refrained from reading. Hetherington also objected to the singling out of certain passages while ignoring the general nature of the work. Includes an open letter to Lord Denman criticizing the conduct of the trial, signed "Publicola."
Hettinger, Herman S., and William A. Porter. "Radio Regulation: a Case Study in Basic Policy Conflicts." Annals of the American Academy of Political and Social Science, 221:122-37, May 1942. H225
An examination of the basic economic, social, and technical aspects of radio broadcasting as well as the "public interest" principle. The authors trace the development of regulatory legislation and the important decisions of the Federal Communications Commission which have set the pattern of the American system of regulation.
Hewett, Barnard, et al. "Censorship." Theater Arts Monthly, 21:243-46, March 1937. H226
To test the actual opposition to freedom of the theater, the journal recorded the experience of directors in various parts of the country: a teacher of drama at the University of Arizona; a director of the Division of Drama, University of Washington, Seattle; a director of a little theater in Minnesota; and an anonymous author from a southern university.
[Hewitt, Cecil R.]. "After Lady Chatterley." New Statesman, 60:730-33, 12 November 1960. H227
The author, writing under the pseudonym, C. H. Rolph, discusses the acquittal of Lady Chatterley (Penguin Books) in England under the new Obscene Publications Act and projects the implications for the future.
[-------]. "Banning Books." New Statesman, 40:452-53, 18 November 1950. Reply by Norman Haire, 40:545, 2 December 1950. H228
The author (C. H. Rolph, pseud.) writes of his own early experience in translating objectionable French papers so that the British court might take action against their sale. He criticizes the uneven prosecution for obscenity in America and England. It is unwise to expect the judge to be a literary critic; it is chaotic to enforce the obscenity law in some districts and not in others; it is unfair for England to have an official Index Labrorum Expurgatorius for government use. He recommends that the courts accept the judgment of the professional council of reputable publishers. Mr. Haire, president of the Sex Education Society, in a letter to the editor, adds the further suggestion that if authorities were to make the banning of a book in one part of the country automatically extend to other parts, the prospect of financial loss to publishers would induce them to defend the unfortunate bookseller, which they have not always been willing to do.
[-------]. "Books in the Dock." Author 74:14-17, Spring 1964. H229
Status of obscenity prosecutions in Great Britain under the Obscene Publications Act, 1959, and the reforms that are still needed.
[-------]. "The Chatterley Legacy." Author, 71:5-6, Spring 1961. H230
A review of recent press and public opinion following the freeing of Lady Chatterley, in the case of Regina v. Penguin Books.
[-------]. "Common Law Censorship." New Statesman, 65:418, 420, 22 March 1963. H231
The author discusses the possible use of the common law for "conspiracy to publish" in England to avoid acquittal of obscene works, following the freeing of Lady Chatterley under the Obscene Publications Act of 1959.
[-------]. "'Conspiracy' and Censorship." Author, 72:15, Autumn 1962. H232
The use of conspiracy indictments in obscenity cases instead of the Obscene Publications Act, places the matter, once again, under common law, which the Act was intended to prevent.
[-------]. "Lady Chatterley's Triumph." New Statesman, 60:682, 5 November 1960. H233
The trial and acquittal of Lady Chatterley (Penguin Books). "The defence triumphantly proved that an author with a conscience can deal with sex honestly and seriously--and still be published."
[-------]. "Obscene Publications." Author, 68:94-96, Summer 1958. H234
Comments on the report of the Select Committee on Obscene Publications.
[-------]. "Obscene Publications Bill." Solicitors' Journal, 103:317-18, 24 April 959. H235
Report on the status of the bill in the House of Commons.
[-------]. "Obscenity and Common Law." Author, 71:10-13, Autumn 1961. H236
[-------]. "Sense and Censorship." Author, 66:59-61, Spring 1956. H237
A review of current publications on sex censorship.
[------, ed.]. Does Pornography Matter? Edited by C. H. Rolph, [pseud.]. London, Routledge & Kegan Paul, 1961. 112p. H238
A collection of essays bringing many points of view to the broad problem considered in the title: Lord Birkett as a lawyer, sir Herbert Read from his interest in aesthetics, Goeffrey Gorer as a sociologist, Dr. Donald Soper and Dr. Dom D. Rutledge from differing religious viewpoints, and Dr. Robert Gosling as a practicing psychoanalyst. C. R. Hewitt, a British editor, draws upon his legal, literary, and publishing experience to present his views in a summary chapter.
[-----, ed.]. The Trial of Lady Chatterley: Regina v. Penguin Books Limited. Edited by C. H. Rolph, [pseud.]. Baltimore, Penguin Books, 1961. 250p. (A Penguin Special 192) H239
Lady Chatterley's Lover was the first novel prosecuted under the British Obscene Publications Act of 1959. This Act was intended to do away with the common law on obscene libel and to liberalize prosecutions so that works of literature and science would not be proscribed. The new law required the court to consider the book as a whole; it permitted booksellers a defense of "innocent dissemination"; it permitted publishers and authors to defend their books against destruction; and it protected private libraries from police raids. It also permitted expert testimony, and 35 experts--authors, editors, critics, theologians--testified at the Lady Chatterley trial. The verdict was "not guilty." The editor of this account had been secretary of the "Herbert Committee," responsible for bringing about reforms in the censorship law. This account is taken from the transcript of the trial.
[Heywood, Ezra H.]. The Evolutionists: Being a Condensed Report of the Principles, Purposes and Methods of the Union Reform League as revealed in its three Conventions held in Princeton, Mass., during the Summers of 1879, 1880, 1881. Princeton, Mass. Cooperative Publishing Co., 1882. 16p. H240
The League was organized in Princeton, Mass., in 1879, to promote the repeal of legislative restrictions on natural rights and to encourage of diffusion of knowledge and cooperative action in all progressive movements. A resolution was adopted at the first convention (1879) in behalf of D. M. Bennett, imprisoned for circulating a physiological pamphlet on marriage; a resolution at the second convention (1880) called for the abolition of Comstock laws and compulsory Bible reading in the public schools; another resolution, offered by Stephen Pearl Andrews (president), called for an effort to redeem so-called vulgar sex words by washing them clean and putting them to good use in society. "That since there is no obscenity in Nature, no obscenity in Science, and no obscenity in Art, there seems no place left for obscenity, but in the defilement of our own imaginations; and that, therefore when our thoughts and imaginations are freshened to the naturalness of nature, used to the clean-cut precision of science, and to the gracious sweetness of Artistic beauty, obscenity will cease to exist among us." The account is written by Ezra H. Heywood, secretary.
[-------]. Free Speech: Report of Ezra H. Heywood's Defense before the United States Court in Boston, April 10, 11 and 12, 1883; together with Judge Nelson's Charge to the Jury, Notes of Anthony Comstock's Career of Cruelty and Crime; Tragic and Comic Incidents in the Malicious, Savage Persecution, Suffered by Moral Scientists Devoted to Social Evolution, and Other Interesting Matter. Princeton, Mass., Cooperative Publishing Co., [1883?]. 55p. H241
Heywood was arrested by Comstock for the second time, in 1882. The charge was sending obscene matter through the mails, namely: Heywood's pamphlet, Cupid's Yokes, quotations from two Walt Whitman poems in the August 882 issue of Heywood's magazine, The Word, and advertisements for a contraceptive device that Heywood waggishly called "the Comstock Syringe." Judge Nelson rejected the first two charges, leaving only the advertisement, but the jury refused to convict.
[-------]. Proceedings of the Indignation Meeting held in Faneuil Hall, Thursday Evening, August 1, 1878, to Protest against the Injury Done to the Freedom of the Press by the Conviction and Imprisonment of Ezra H. Heywood . . . Boston, Benjamin R. Tucker, 1878. 68p. H242
Heywood, a respected citizen of Princeton, Mass., was a socialist freethinker and advocate of a single standard of sexual morality. His pamphlet, Cupid's Yokes, was a serious, though somewhat crude, treatise on love and marriage. Comstock considered it "too foul for description" and arrested Heywood. He was convicted of sending obscene matter through the mails and sentenced to two years at hard labor. The mass meeting, presided over by Elizur Wright, petitioned President Hayes to remove Comstock from his position as postal inspector and to release Heywood from jail. President Hayes, on advice of his Attorney General, released Heywood after he had spent six months in jail. The publisher and secretary for the meeting was Benjamin R. Tucker, a friend of Walt Whitman, who later became famous as a philosophical anarchist. The pamphlet includes testimonial letters from Alfred E. Giles, Theron C. Leland, Parker Pillsbury, A. J. Grover, and D. M. Bennett. Elizur Wright's speech in behalf of Heywood is published in the 15 August 1878 issue of The Index, organ of the National Liberal League.
[-------]. United States v. Heywood; Why the Defendant Should Be Released; Mr. Chamberlain's Letter to President Benjamin Harrison. New York, National Defense Association, 1891. 21p. H243
Documents relating to the conviction of Heywood on an obscenity charge for his pamphlet, Cupid Yokes, including Judge George M. Carpenter's charge to the jury, a letter from the defense counsel, Edward W. Chamberlain of New York, to President Benjamin Harrison, reviewing the case and asking in the interest of justice for the pardon of Heywood, and an abstract of the petition of pardon from his friends, including those from his home town. Petitions were also sent from Canada, England, and Scotland.
Hibbard, Darrell O. "The Moving Picture--The Good and the Bad of It." Outlook, 101:598-99, 13 July 1912. H244
Calls for nationwide supervision of public exhibitions of moving pictures under the Department of Education or Child Welfare, to safeguard children. The National Board of Censors is inadequate as a means of control since only those films which are submitted by their makers reach the Board.
[Hickeringill, Edmund]. The Late Famous Tryal of Mr. Hickeringill, Rector of All-Saints, in Colchester; and Author of the Naked-Truth, the Second Part . . . London, F. Smith, 1681. 14p. H245
Hickeringill was brought to trial for blasphemy for, among other charges, the publication of his book, The Naked-Truth, which criticized the jurisdiction and ritual of the Church of England. In the introduction of a subsequent book, The Ceremony-Monger, Hickeringill refers to his banishment from house and family because of his writing, and discusses the nature of libel: "Nothing can be a libel but what is false; and then it may be false, and yet no Libel, if it do not tend to Discord; and consequently be malicious or seditious."
[-------]. A Speech Without-Doors: Or some Modest Inquiries Humbly Proposed to the Right Honourable the Convention of Estates, Assembled at Westminster, Jan. 22, 1688/9 Concerning . . . Restraint of the Press. London, George Larkin, 1689. 36p. H246
One of the five brief essays in this work concerns restraint of the press. The author, rector of All Saints Church, Colchester, and himself a victim of restraint of the press, observed that "no Books vend so nimbly as those that are sold (by Stealth as it were) and want Imprimaturs." While acknowledging the need for the Catholic Church to maintain an Index, the Church of England should not be the only "door-keeper" to the press. He recommends a law against anonymity.
Hicks, Frederick C. "Legal Liability of Libraries in Time of War." Papers and Proceedings, American Library Institute, 1918, pp. 43-49. H247
A law librarian discusses the legal liability of librarians and trustees under the Trading with the Enemy Act (1917) and the Espionage Act (1917), the latter of which seems to involve questions of both compulsory and voluntary censorship of libraries. A discussion follows in which A. E. Bostwick expresses strong support for the responsibility of libraries to preserve enemy propaganda for historic purposes. He also objects strenuously to suppression of works in the German language, since the language has nothing to do with the present attitude of the German government. If we do not make this distinction we will alienate many loyal Americans of German ancestry.
Hicks, Granville. "How Red Was the Red Decade?" Harper's Magazine, 207: 53-61, July 1953. (Reprinted in Daniels, The Censorship of Books, pp. 89-96) H248
Hicks, well-known student of social and intellectual history and an avowed Communist from 1935 to 1939, gives an estimate of the influence of communism during those years. "Communism scarcely made a dent on any of the mass media--the popular magazines, the movies, the radio." The notion that communism dominated American culture in the thirties is false.
-------. "In the Mind of the Reader." Saturday Review, 45(35):11, 1 September 1962. H249
A discussion of the once-forbidden four-letter words. The emergence of the words in accepted literature is a victory over censorship. To disapprove of censorship, however, is not to approve of the works censored, some of which are trash. But censorship does not get at the real evil; it is an evil in itself.
-------. "Introduction." In Banned, New York, Berkeley, 1961, pp. vii-xii. (Also as an "Afterwords" in Banned #2, New York, Berkeley, 1962, pp. 247-54) H250
Comments on censorship are used as an introduction to this anthology of excerpts from books that have been banned. While recognizing that "the relationship between art and morality is not . . . a simple one," and that some literature is undoubtedly sexually stimulating, Hicks believes that we should insist on the right to read any serious author, no matter what he writes about, no matter what language he uses. It is better to have some pornography slip by in a broad interpretation of "serious" rather than be "denied the opportunity to read work of merit."
-------. "Lolita and Her Problems." Saturday Review, 41(33):12, 38, 16 August 1958. H251
The reviewer believes that the future will exonerate Lolita from the charges of pornography as completely as we of today have exonerated Ulysses.
Hickson, Oswald S., and P. F. Carter-Ruck. The Law of Libel and Slander. London, Faber, 1953. 290p. H252
Hier, Frederick P., Jr. "When Boston Censored Walt Whitman." New York Times, 19 June 1927, sec. 4, pp. 7, 10. H253
How the Watch and Ward Society of Boston stopped the publication of the Osgood edition of Leaves of Grass.
Higgins, Alexander P. "Treatment of Mails in Time of War." In British Year Book of International Law, 1928. London, Oxford University Press, 1928, pp. 31-41 H254
Traces the development of international understandings (or lack of them) for protecting neutrals from interference by belligerants, from the Second Hague Peace Conference (1907) through the Eleventh Hague Convention. Includes a discussion of the situation in World War I in which postal correspondence by sea was not guaranteed by the belligerents.
Higgins, E. M. "Censorship in Australia: The Ban on Working Class Literature." Labour Monthly (London), 11:57-58, January 1929. H255
High, Stanley. "Not-So-Free Air." Saturday Evening Post, 211(33):8-9, 73-74, 76-77, 11 February 1939. H256
A discussion of some of the controls exercised over radio programs by government agencies. The radio in the United States is "jittery because of the growing and substantiated fear that the Administration's appetite is too expansive." The author suggests that radio take to the air in its own behalf to build up public support of a free radio.
-------. "Press Fights on Two Fronts." Reader's Digest, 41:126-30, December 1942. H257
A charge against Washington bureaucrats for practicing political censorship, not necessary for the war effort. He absolves the "ably managed office of Chief Censor Byron Price." Only the alertness of the press has prevented creeping paralysis of information.
Highet, Gilbert. "I Wuz Robbed; Fearless Reporter Battles Censors." Nation, 155:581-82, 28 November 1942. H258
Written in the form of a diary by an American reporter, the account bitterly denounces British censorship for prohibiting his broadcasts concerning the war in North Africa and his criticism of the British conduct of the war.
Highmore, Anthony. Reflections on the Distinction Usually Adopted in Criminal Prosecutions for Libel; and on the Method, Lately Introduced, of Pronouncing Verdicts in Consequence of Such Distinction. London, 1791. 192 p. H259
Hildebrand, Joel H. "How Not to Control Atomic Energy." ALA Bulletin, 41:273-81, 1 September 1947. (Reprinted in Summers, Federal Information Controls in Peacetime, pp. 84-86) H260
Scientists need not only laboratory facilities but also freedom to consult with each other. They need "free enterprise" and their own "free press" in order to be effective in their work.
Hildesheimer, Esriel E. "Censorship." In Universal Jewish Encyclopedia. New York, The Encyclopedia, 1941. Vol. 3 , pp. 80-83. H261
History of the censorship of Hebrew works by Christian ecclesiastical and civil authorities.
Hill, Alexander. "Responsibility for Public Taste." Library, 7 (n.s.):257-63, 1906. H262
The author charges the public library with responsibility for keeping out bad books as they would keep out bad men. The library "book-tasters" should "reject such books as are poisonous to the moral nature."
Hill, Derek. "The Habit of Censorship: 'We're Paid to Have Dirty Minds.'" Encounter, 15:52-62, July 1900. Reply by John Trevelyan, 15:61-64, September 1960. H263
A review of a half century of film censorship under the British Board of Film Censors. The author formulates principles which seem to have prompted the action of the Board in cutting or banning films, although no written code has been issued. Examples of films cut or banned are given. The reply is by the secretary of the Board, pointing out what he considers inaccurate or false in the article, and defending the work of the Board.
Hill, Frederick T. Decisive Battles of the Law; Narrative Studies of Eight Legal Contests Affecting the History of the United States between the Years 1800 and 1886. New York, Harper, 1906. 267p. H264
Contains a full account of the trial of James T. Callender in 1800 for seditious libel under the Sedition Act of 1798.
Hill, Lister. "Freedom and Responsibility in Publishing." In Alfred Stefferud, ed., Wonderful World of Books, New York, Houghton Mifflin, 1952, pp. 212-14. H265
The Alabama senator discusses the educational responsibility of the newspaper and book publishing industries. "Freedom carries its own responsibility, perhaps a heavier one than if freedom were absent."
Hill, Marjorie B. "Censorship in Perspective." Wilson Library Bulletin, 19:319-20, January 1945. H266
A brief view of censorship over the years. "If we agree that censorship is undemocratic in its assumption that the average man cannot think for himself, that it fails to achieve its purpose, and is attended by bigotry, intolerance, and spiritual self-righteousness, then let us bring about greater liberality in our laws and in our minds in order to free literature from the shackles of the censor."
Hilliard, Samuel. A Narrative of the Prosecution of Mr. Sare and His Servant, for Selling the "Rights of the Christian Church" in Answer to What Relates to the Prosecution in the Second Part of Defence of the Said Book. London, 1709. H267
Richard Sare, a London bookseller, and his apprentice, Mr. Williams, were brought to trial along with the author of this account, for selling Matthew Tindal's Rights of the Christian Church Asserted. The work was critical of the Church of England and the influence of its "Romish" priests.
Hillyer, Robert. "Treason's Strange Fruit." Saturday Review of Literature, 32(24):9-11, 28, 11 June 1949. H268 §
An attack on the award of the 1949 Bollinger Prize for poetry to Ezra Pound, who was then awaiting trial under charge of treason. In his article poet Hillyer, supported by a statement from the editors, calls the award a "permanent disgrace." The criticism of the award is continued in the issue for 18 June 1949. In that issue (page 7) the editors state that while maintaining that "political considerations should not interfere with the evaluation of art, the principle did not obtain in the case of the award to Ezra Pound . . . both because of the political coloration of the book itself and because it seemed to us that the award was being utilized to take the curse off Pound's political activities against the United States during the War."
Hiltner, Seward. "Four Letter Words." Pastoral Psychology, 13:7-9+, October 1962. H269
"As signs, they seem to be more offensive to some persons than the actions they signify." If such taboo words could become domesticated "a book would be judged on whether the action to which it alluded was proper (or prurient) in print, and not on whether the language in which the allusion was made was proper or not."
Hilton, O. A. "Freedom of the Press in Wartime, 1917-19." Southwestern Social Science Quarterly, 28:346-61, March 1948. H270
A study of legislative and judicial encroachment of free speech during World War I through the enforcement of war statutes relating to newspapers and periodicals. An earlier article by the author, Public Opinion and Civil Liberties in Wartime, 1917-1919, appeared in the December 1947 issue.
Himes, C. F. Life and Times of Judge Thomas Cooper. Carlyle, Pa., Dickinson School of Law, 1918. 70 p. H271
Contains brief reference to Cooper's trial for sedition and a lengthy account of his trial for teaching heresy to the students of Columbia [S.C.] College. According to Theodore A. Schroeder, the author feared to discuss Cooper's conviction under the 1798 Sedition law, because of the Espionage Act of World War I then in force.
Himes, Norman E. "Charles Knowlton." In Dictionary of American Biography, vol. 10, pp. 471-72. H272
A biographical sketch of the early American physician whose book on birth control, Fruits of Philosophy, was attacked by censors in America and England.
-------. "History of Birth Control." In Encyclopaedia of Sexual Knowledge. New York, Dingwall-Rock, 1936, pp. 46-57. H273
Includes references to the various efforts to prevent the dissemination of information about birth control.
-------. The Truth about Birth Control, with a Bibliography of Birth Control Literature. New York, Day, 1931. 28p. (John Day Pamphlets, no. 4) H274
Hine, Al. "Chief Defect of Current Film-Censor Groups Is That They Don't Represent Movie-Goers." Holiday, 2:134-36, August 1947. H275
The author considers various groups that exert censorship influence on movies for political, religious, or other reasons. If there is to be censorship at all, it should be by the movie-goers themselves; otherwise we might try the idea of no censorship at all.
Hints to Radical Reformers, and Materials for True. London, Printed for J. Hatchard, 1817. 164p. H276
Includes a section on theatrical licentiousness and corruption of the press, pp. 89-107. "Immoral publications must be deterred by all the rigour of existing law. And, where they evade its force, and seem to satisfy its forms, their price must be raised beyond the reach of poorer purchasers." The anonymous author suggests a tax on books whose sole purpose is "food for idle appetite or vain amusement."
Hints to the Jurors on the Liberty of the Press. Dublin, 1813. H277
Pamphlet listed in Brian Inglis, Freedom of the Press in Ireland. Copy not located.
Hintz, C. W. E. "Which Propaganda?" College and Research Libraries, 1:170-75, March 1940. H278
The propaganda of the present and future "will be far more subtle and insidious than heretofore" and more effective unless steps are taken to counteract it. The usual library policy of presenting all sides of a subject so long as it is in good taste, style, and method of presentation, will not be adequate in dealing with modern propaganda. He calls for cooperative efforts in reaching a solution to the problem.
Hirsch, William R. "Liability of a Radio Station for Defamatory Utterances." Washington University Law Review, 1950:95-108, Winter 1950. H279
Historical Highlights of Birth Control . . . London, International Planned Parenthood Federation, [1955?], 18p. H280
A chronological history of efforts in behalf of birth control and the prosecution of those distributing literature relating thereto.
"The History Censorship in Chicago." Library Journal, 52:1026, 1 November 1927. H281
Article about the controversy in Chicago resulting from the efforts of Mayor William Hale Thompson to prove Superintendent of Schools William McAndrew guilty of disseminating pro-British propaganda in the public schools. A member of the board of the Chicago Public Library threatened to remove and burn pro-British books from that Library, but was prevented by an injunction from destroying taxpayers' property.
Hitchcock, Curtice. "Boston and Strange Fruit." Publishers' Weekly, 145:1447-48, 8 April 1944. H282
The publisher of Strange Fruit, in a letter to the editor, criticizes bookseller Richard Fuller and the Boston book trade for outrunning the police in their eagerness to ban a book.
Hoar, Roger S. "Freedom of Speech and Its Limitations." American Mercury, 10:202-4, February 1927. H283
Deals with the "two fundamental, but opposed rights: the right of freedom of speech, and the right to be let alone."
Hobbes, Thomas. An Historical Narration Concerning Heresie, And the Punishment thereof. London, 1680. 18p. (Also in Somers Tracts, vol. 7, pp. 373-81) H284
Hobbes defends his publication, Leviathan, the object of the passage of a bill in the House of Commons (1666) to punish theism.
Hobbs, Perry. "Dirty Hands; a Federal Customs Officer Looks at Art." New Republic, 62:188-90, 2 April 1930. H285
A book dealer interviews the customs censor at an eastern port, who claimed to have read more dirty books than any man in New England. The censor admitted "getting a kick" out of the stuff but took seriously his job of keeping such books out of the hands of innocent youths. He was especially hard on the classics which he defined as "a dirty book someone is trying to get by me."
Hobhouse, Sir Benjamin. Treatise on Heresy, as Cognizable by the Spiritual Courts. And an Examination of the Statute 9th and 10th of William III. c. 32, Entitled, an Act for the More Effective Suppression of Blasphemy and Profaneness. By a Barrister at Law. [London?]. 1792. 146p. H286
Hobson, John A. "Liberty of Unlicensed Printing." Nation and Athenaeum (London), 44:831-32, 16 March 1929. H287
A change in the habit of speech and thought has taken place in recent years; there has been an "abandonment of the sentimental prudery which sought thrills of secret pleasure from revelations of the 'shocking,' in favour of a more open and honest attitude toward . . . 'the facts of life.' Education and public opinion have a higher prophylactic value than legal force."
Hockenberry, Scott H. "Pennsylvania's Courtroom Ban on Camera Equipment." Pennsylvania Bar Association Quarterly, 36:76-83, October 1964. H288
According to a Pennsylvania survey there is more diversity of opinion on the part of Pennsylvania newspaper editors concerning the merit of courtroom photography than there is within the legal profession in upholding the ban on camera equipment. "Since the legal profession has the power to enforce its rulings, courtroom photography will not become a standard press activity in Pennsylvania".
Hocking, William E. Freedom of the Press; a Framework of Principle. A Report from the Commission on Freedom of the Press. Chicago, University of Chicago Press, 1947.243p H289
A philosophical discussion of the basis for press freedom, developed by the author, a member of the Commission. Footnotes indicate comments of other members of the Commission. The thesis is that freedom of the press is a means to an end and not an end in itself.
-------. Freedom of the Press in America. Leiden, Universitaire Pers Leiden, 1947. 24p. H290
Inaugural address delivered on his entrance into office as guest professor at the University of Leyden.
Hodges, Elizabeth D. "What Can the Library Committee Do?" NEA Journal, 52:25-26, May 1963. H291
"A school library with a defensible book collection, a united faculty, a well-informed supporting public, and a plan of action in case of attack should be able to offer a formidable front to any assult upon freedom to read."
Hodges, William T., and C. Lawrence Stagg. "Broadcasting and Television Trials Versus Free Press." University of Florida Law Review, 11:87-98, Spring 1958. H292
A summary of the issues, with special attention to practices in Florida and references to a modification of Canon 35 in Colorado.
Hoffman, Carl. "A Psychiatric View of Obscene Literature." Guild of Catholic Psychiatrists Bulletin, 8:3-13, January 1961. (Reprinted by Citizens for Decent Literature, Cincinnati, 1961. 6p. mimeo.) H293
While recognizing the complex matter of delinquency, Dr. Hoffman cites his own studies and those of a number of other psychologists that support the dangers that arise from the reading, hearing, and seeing of obscene material and pornography. He disagrees with the conclusions of Drs. Phyllis and Eberhard Kronhausen as to the effect of pornography.
Hoffmann, Frank A., et al. "Panel on Folk Literature and the Obscene." Journal of American Folklore, 75:189-259, July-September 1962. H294 §
Most of the issue is devoted to problems of gathering, classifying, and publishing obscene folklore. The introduction is by Frank A. Hoffmann; definition and problems are presented by Herbert Halpert; the work of field-collecting erotica as part of general folklore collecting is discussed by Horace P. Beck; misconceptions in erotic folklore is discussed by Gershon Legman. Several articles relate to identifying and classifying the genres. Restrictions on publication of erotic folklore are referred to throughout.
Hogan, Robert. "O'Casey and the Archbishop." New Republic, 138:29-30, 19 May 1958. H295
A review of the years of censorship, suppression, and vilification of the Irish theater. The issue was brought once again to public attention through the action of the impending Dublin International Theatre Festival which decided to drop the production of McClelland's Bloomsday and caused O'Casey to withdraw his play, The Drums of Father Ned, because of demands for alterations.
Hoggart, Richard. "The Guardians and the New Populism." Censorship, 1:2-4, Autumn 1964. H296 §
In matters of freedom of expression in the arts Britain may be going from Vestigial Guardianship (consisting of senior clergy, leader writers, presidents of national volunteer bodies, headmasters) to a New Populism, a superficial grassroots movement that claims to "speak for the body of ordinary decent people" in threatening the freedom of expression, "bypassing the alternatives a literate democracy is supposed to offer."
Hohman, Agnes C. An Analysis of the Literature on the Outstanding Issues and Opinions on Censorship, 1940-50. Washington, D.C., Catholic University of America, 1952. 182p. (Unpublished Master's thesis) H297
Special attention is given to episodes during the decade covered, including the cases of Esquire and The Nation, and objections to paperback books.
Holcroft, Thomas. Narrative of the Facts, relating to a Prosecution for High Treason; including the Address to the Jury, Which the Court Refused to Hear; with Letters . . . and the Defence the Author Had Prepared, If He Had Been Brought to Trial. 2d ed. London, Printed for H. D. Symonds, 1795. 215p. H298
Holcroft was charged with high treason along with Thomas Hardy, John Horne Tooke, and John Thelwall.
Holdsworth, Sir William S. "Defamation in the Sixteenth and Seventeenth Centuries." Law Quarterly Review, 40:302-15, September 1924; 40:397-412, October 1924; 41:13-31, January 1925. H299
"The wrong of defamation is sometimes a crime pure and simple, sometimes a tort pure and simple, and sometimes it can be treated either as a crime or a tort at the option of the injured person." The author traces the origin of modern law of defamation in the court decisions of the sixteenth and seventeenth centuries--civil libel growing from the common law belief that damages were recoverable for defamation; the criminal law concept growing from the philosophy of the Star Chamber. The legal differences between libel and slander are explained. The author recommends that the rules of libel be applied to all kinds of defamation.
-------. "Press Control and Copyright in the 16th and 17th Centuries." Yale Law Journal, 29:841-58, June 1920. H300
The Tudors and Stuarts employed three methods of controlling the press: punishment as criminal offenses for those works considered treasonable, seditious, and heretical; grant of powers of control over printing to the Stationers' Company; and the issuance of comprehensive Royal ordinances. The paper deals with the second two measures by which unlicensed printing was suppressed and copyright was originated. The differences between the controls exercised by the Stationers' Company and the Crown are at the root of two different theories on the origin of copyright.
-------. "The Right of Liberty of Discussion." In his A History of English Law. London, Methuen, [1938]. vol. 10, pp. 672-96. H301
Includes a discussion of the conflict in point of view between Thomas Erskine and Lord Mansfield and the libel cases that took place in England during the last decades of the eighteenth century and which led to the Fox Libel Act of 1792.
Holland, Denys C. "Freedom of the Press in the Commonwealth." Current Legal Problems, 9:184-207, 1956. H302
The author surveys the status of freedom of the press in the British Commonwealth, concluding that "freedom of the press as we know it in Great Britain does not exist in many dependent territories. . . . The Executive should not possess the arbitrary powers of controlling the press, independent of judicial control, which they enjoy in so many of our dependent territories at present."
Hollander, John. "The Old Last Act: Some Observations on Fanny Hill." Encounter, 21(4):69-77, October 1963. H303
Comments on the confusions between the two "genres" of the novel and the pornographic work, which have multipled during the past half century. Analysis of the background, style, and content of Fanny Hill.
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