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McLaughlin, James F. Matthew Lyon, the Hampden of Congress, A Biography . . . New York, Wynkoop, Hallenbeck, Crawford Co., 1900. 531p. M102
A eulogistic biography of the Vermont soldier and Republican leader who served four months in jail under the Sedition Act for a letter critical of the Adams administration that appeared in the Vermont Journal. There was suspicion of jury packing.
Maclean, Charles. The Affairs of Asia considered in their effects on the Liberties of Britain, in a Series of Letters, addressed to the Marquis Wellesley, Late Governor-General of India; including A correspondence with the Government of Bengal under that Nobleman and a Narrative of Transactions involving the Annihilation of the personal Freedom of the Subject, and the Extinction of the Liberty of the Press in India: With the Marquis's Edict for the Regulation of the Press. 2d ed. London, C. Maclean, 1806. 172p. M103
MacLeish, Archibald. Brief Amicus Curiae Submitted by Archibald MacLeish on behalf of a Number of Individuals and Organizations Who Have Protested the Action of the Board of Superintendents in This Case. [New York, 1948]. 21p. mimeo. (Reprinted in Nation, 16 October 1948) M104
An ad hoc committee of 34 organizations and 72 individuals was organized to protest the banning of The Nation from New York high schools on the recommendation of the Board of Superintendents of New York City Schools, sustained by the Board of Education. The brief by MacLeish urges the Commissioner to reaffirm the right of freedom of inquiry in the libraries of New York City Schools and "instruct the Board of Superintendents that lists of library materials issued by them shall be regarded as advisory and not exclusive."
-------. A Free Man's Books; an Address Delivered at the Annual Banquet of the American Booksellers Association; together with a Letter by Franklin D. Roosevelt. Mt. Vernon, N.Y., Peter Pauper Press, [1942?]. 17p. (Edition limited to 310 copies for the Typophiles) M105
"We all know that books burn--yet we have the greater knowledge that books cannot be killed by fire."--Roosevelt, 6 May 1942. Books are "the strongest and the most enduring weapon in our fight to make the world a world in which the free can live in freedom."--Archibald MacLeish. He challenged the book trade to become more than mere vendors of a commercial product.
-------. [Letter to Barney Rosset]. In D. H. Lawrence, Lady Chatterley's Lover. New York, Grove Press, 1959, pp. v-vii. M106
Relates to the censorship history of Lawrence's book. A brief bibliographical note by Mark Schorer appears on pp. 367-68.
-------. "Loyalty and Freedom." American Scholar, 22:393-98, Autumn 1953. M107
The Constitution was founded upon the belief of our ancestors that "loyalty to the liberty of every man to believe what he chooses would outlast loyalty to any formulation of belief whatever." MacLeish observes that the present generation seems to have suffered a "loss of faith in freedom" to a conviction that we must conform in opinion and beliefs or the Communists will take over. David Riesman, in the Winter 1953-54 issue of American Scholar, replies to MacLeish. Riesman believes that there is sufficient "faith in freedom" in America and that we ought not be too concerned over the recent attacks being made on liberty. MacLeish's remarks are based on an address given at Haverford College, Riesman's remarks on an address given at Mills College.
-------. "A Tower Which Will Not Yield." ALA Bulletin, 50:649-54, November 1956. M108
Former librarian of Congress, Pulitzer Prizewinner in poetry, and Harvard professor, in an address at the dedication of Carleton College Library, urges librarians "to despise objectivity when objectivity means neutrality and neutrality when neutrality interferes with the performance of their duties as librarians. . . . As long as the fight to subvert freedom continues, libraries must be strong points of defense."
-------, William S. Paley, and Edward R. Murrow. In Honor of a Man and an Ideal: Three Talks on Freedom. New York, Columbia Broadcasting System, 1941. 35p. M109
The occasion was a dinner in honor of Mr. Murrow, chief of the European staff of C.B.S. The three talks relate to freedom of expression in wartime. Mr. Murrow's talk refers to British censorship.
McMahon, Charles A. "Inviting Motion Picture Censorship." Child Welfare Magazine, 19:23-25, September 1924. M110
"A new evil threatens in the field of motion pictures. It is the evil of the filmed sex novel." The author advises parents to keep their children from attending such exhibitions, to stay away from the film themselves, and to organize community sentiment to protest to film producers and exhibitors. Censorship via the box office is the most effective way. If this cannot be achieved, government censorship may be the only remedy.
McMahon, Joseph H. "The Battle for Decency." Commonweal, 20:441-43, 7 September 1934. M111
Father McMahon expounds some of the principles underlying the Legion of Decency, including instructions issued in 1927 to all the bishops of the Church from the Congregation of the Holy Office stating principles of guidance with regard to literature. Such principles are equally applicable to the screen.
McMahon, Robert S. Federal Regulation of the Radio and Television Broadcast Industry in the United States, 1927-1959, with Special Reference to the Establishment and Operation of Workable Administrative Standards. Columbus, Ohio State University, 1959. 357p. (Unpublished Ph.D. dissertation) M112
The major purposes of this study are "to determine whether or not it was the intent of the Congress that the Commission expand its broad 'public interest' mandate into firm and dependable policies; and to determine whether in fact the FCC has expanded its broad mandate into 'firm and dependable' policies; and to determine whether failure by the FCC to establish firm and dependable policies can be attributed to a lack of sufficient 'guidance' from Congress; and if such a need for clarification can be demonstrated, the author will as a final measure, suggest certain specific areas where this further guidance will be most appropriate." The author gathered much of his data as an investigator for the Subcommittee on Legislative Oversight.
McMahon, Sandra. "A Review of Censorship." Iowa Publisher, 32(9):8-11, September 1960. M113
Review of group controls and pressures on obscene literature and the prevailing attitude of the courts.
McManus, Martin J. Federal Legislation Regulating Radio. Los Angeles, University of Southern California, 1946. 55p. (Unpublished Master's thesis) M114
McManus, Patrick J. "What Constitutes Obscene Literature?" Physical Culture, 19:125-26, February 1908. M115
"When any part of the human body is described or illustrated for the sake of art, or medicine, or scientific research, or for any other legitimate purpose, such as, for example, the improvement of the part itself, obscene literature is not produced by the description." Under present court interpretation the Bible could be considered obscene because it speaks frankly of sex.
McMaster, John B. "A Free Press in the Middle Colonies." Princeton Review, 61:78-90, January 1886. M116
An account of William Bradford, "the first man in America to stand up boldly for unlicensed printing." Quaker authorities in Philadelphia suppressed Bradford's publication of the Almanac of Daniel Leeds in 1687 and later refused him permission to print an English translation of the Bible. Bradford, after twice being brought before the governor, three times censored by the meeting, once placed under heavy bonds, and once thrown in jail by the Quaker government, moved to New York (1693) where he established a press. Six years elapsed before Pennsylvania had another printer; the new press was placed under the censorship of a committee.
McMillan, George M. "Administrative Law--Post Office--Second--class Mail Privileges--Power of Postmaster General." George Washington Law Review, 14:518-21, April 1946. M117
A discussion of the issues in the case of Hannegan v. Esquire in which the U.S. Supreme Court ruled that the withholding of second-class mailing privileges must not be used to interfere with freedom of the press.
McMillin, John E. "New Voices in a Democracy." Television Quarterly, 3(3):27-52, Summer 1964. M118
The author was commissioned by the Television Information Office to make this study of the history, current status, and problems posed by television editorializing. "The problem of controlling or regulating TV's new editorial voices [almost 200] can never be settled satisfactorily by trying to define, in precise, bureaucratic terms, how each editorial should be handled 'in the public interest.' The real challenge lies in finding ways to encourage, develop and enlarge, within the framework of American ideals, TV's already healthy editorializing movement."
McMullan, John. "Freedom of the Press in Reporting Crime News." Add I, 1(4):28-32, Summer 1962. M119
Summary of a symposium on free press versus fair trial, held at Northwestern University. The author, a participant, believes the conflict could be solved in part by willingness of newsmen to impose voluntary restraints on their urge to editorialize.
McMurrin, Sterling M. "Academic Freedom in the Schools." Teachers College Record, 65:658-63, May 1964. M120
A former U.S. Commissioner of Education reflects on academic freedom in the public schools. "Censorship in the schools that denies intellectual freedom to teachers robs the student of that same freedom. And the freedom to learn is clearly no less precious than the freedom to teach."
McNae, L. C. J., ed. Essential Law for Journalists. 2d ed. London, Staples, 1963. 322p. M121
A compilation of information on British press law, including chapters pertaining to restrictions on publications, contempt and privilege, defamation, slander and injurious falsehood, criminal libel, the Official Secrets Act, and illegal advertisements.
McNamara, Robert C., Jr. "What Can the Publisher Do?" NEA Journal, 52:27-28, May 1963. M122
Considering the content of public school textbooks, the author observes that "rights of public and parents, professional rights of teachers, and the student's right to read must be reconciled. . . . This will not come from simple proposals to secure more freedom of choice for some by denying the rights of others." (Part of an 11-page feature on textbook censorship.)
McNamara, Samuel G. "Recent Developments Concerning Constitutional Limitations on State Defamation Laws." Vanderbilt Law Review, 18:1429-55, June 1965. M123
"The primary purpose of this discussion is to point out the practical effect which the decisions [New York Times Co. v. Sullivan (1964) and Garrison v. Louisiana (1964)] will have on state law, both statutory and decisional. This note is concerned primarily with those aspects of the law of defamation dealing specifically with the conditional or qualified privilege to criticize the official acts and qualifications of public officials and candidates."
McNamee, Raymond W., Jr. "'Indirect Censorship'--Does It Mean Anything?" Issue, 1(1):15-19, Winter 1963. M124
In a Socialist state the individual may have the right to express unpopular ideas, but not the means of distributing them in a state monopoly of the mass media. The capitalist system, with its dispersed centers of wealth, not beholden to the state, provides a source of distribution of unorthodox thought. These centers, while they may be described as "indirect censorship," may, from another point of view, provide greater liberty. Indirect censorship is "really custom and convention ordering human activities. This ordering, far from inhibiting freedom, enhances it, by making the punishments for dissent much more mild than would be the case should law pre-empt custom. . . . The less law governs and the more custom controls our acts in lieu of law the better." The author is a research chemist, formerly active in the Berkeley Student Chapter of the Intercollegiate Society of Individualists.
McNeal, Archie L. "Censorship." In American Library and Book Trade Annual, 1961. New York, Bowker, 1960, pp. 157-59. M125
A summary of the year's events involving libraries and the work of the American Library Association Committee on Intellectual Freedom.
-------. "Censorship." In Annual of Library and Book Trade Information, 1962. New York, Bowker, 1962, pp. 127-28. M126
-------. "Censorship." In Annual of Library and Book Trade Information, 1963. New York, Bowker, 1963, pp. 144-45. M127
-------. "Defending the Right to Read." The Rub-Off, 15:2-7, November-December 1964. M128
-------. "Fear of Books." Alabama Librarian, 11:62-64, July 1960. M129
To combat pressures for censorship, the author recommends that librarians be informed on the issues, that library boards adopt well-defined book selection policies, that state library associations have strong intellectual freedom committees, and that library schools give greater attention to problems ofcensorship.
-------. "Intellectual Freedom and Censorship." Teachers College Record, 66:574-78, April 1965. M130
The author sketches a program and indicates useful materials for combating censorship in the schools. He stresses preventive policies and extensive community involvement.
-------. "Intellectual Freedom and the State Library Association." Pennsylvania Library Association Bulletin, 18:5-6, 1963. M131
MacNeil, Neil. Without Fear or Favor. New York, Harcourt, Brace, 1940. 414p. M132
The story of the New York Times. The chapter on Libel, Ethics, Principles discusses freedom v. license and stresses the importance of good taste and accuracy. The chapter on Freedom of the Press warns against a class press as a threat to freedom of objective news coverage.
MacNevin, Thomas. Leading State Trials in Ireland from the Year 1794 to 1803 . . . Dublin, James Duffy, 1844. 598p. M133
Contains accounts of the trials of Peter Finerty and Archibald H. Rowan.
McNickle, Roma K. Policing the Comics. Washington D.C., Editorial Research Reports, 1952. (Editorial Research Reports, 1:223-38, 1952) M134
Contents: Public concern over impact of the comics, rise of the comic in American newspapers, methods of controlling objectionable comics, and serious uses of comic strip techniques. Includes code of comic magazine publishers.
MacQueary, Howard. "Moral and Immoral Literature." Arena, 8:447-54, September 1893. M135
A work is not immoral simply because it discusses ugly sins; but "when it lacks a spark of talent or a lofty purpose it is both degrading to the mind and depraving to the heart . . . The remedy is not denunciation, but displacement of bad by good literature. Prohibition has always increased a desire for the forbidden fruit . . . In ignorance alone is danger; in knowledge alone is safety."
McWilliams, Carey. A Frank Appraisal of the Press. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1961. 7p. (Publication no. 54) M136
The editor of The Nation cites seven weaknesses of the American press: the handling of big city politics, political bias, labor-business bias, susceptibility to demagogic manipulation, overexposure of trivia, subservience to official policy, and narrow range of opinion.
Macy, Ethelrid S. "The Top Bookshelf." American Home, 38:128-30, October 1947. M137
The author deals with the attraction of forbidden books to children. He believes that "children, from the time they begin reading to themselves, should have free run in the library."
Maddaloni, Arnold. Schroeder--The Public Excuser; a Biographical Outline to which Are Added Some Published Opinions Concerning His Personal Traits. Stamford, Conn., The Author, 1936. 12p. M138
Biographical data and photograph of Theodore A. Schroeder, a leading proponent of freedom of speech and the press.
Madden, Henry M. "The Intellectual Freedom Front." California Libraries, 20:161-62, July 1959. M139
A report of the work of the Intellectual Freedom Committee of California.
-------. "Mr. and Mrs. Grundy in the Library and in Court." Library Journal, 89:4857-62, 15 December 1964. M140
A summary of a preconference meeting on intellectual freedom, California Library Association. "In essence, the pre-conference dealt directly with two aspects of Grundyism--first, a philosophical and legal survey of the present state of freedom of the press and, second, a series of case studies in attempted censorship, reported by librarians and trustees who had been in the fight." The philosophical and legal considerations were presented by book critic Robert Kirsch in Custodian, Eunuch, or Lover; by Professor Paul Ferguson in Pornography or Censorship--Which is Worse? and by Attorney Stanley Fleishman in Obscene Literature and Constitutional Law. Case histories were presented by Mrs. Cay Mortenson, trustee of Arcadia Public Library; Virginia Ross, chairman of California Library Association's Intellectual Freedom Committee; Ursula Meyer, county librarian of Butte County; and Mrs. Hilda Collins, county librarian of Tulare County. The Arcadia case dealt with The Last Temptation of Christ; Virginia Ross reported on her appearance before the State Legislature in opposition to antiobscenity bills; Ursula Meyer reported on her experience in the field of political extremism; Mrs. Collins presented the case of the Dictionary of American Slang "in which the John Birch Society flexed its muscles, Dr. Max Rafferty cheered from the side lines."
-------. "On the Firing Line in a Bad Climate." ALA Bulletin, 59:33-34, January 1965. M141
At a general session of the California Library Association Conference on 6 November 1964, Henry Madden, editor of California Librarian, reported on a preconference on Intellectual Freedom held earlier in the week. This excerpt from his report summarizes a panel of case histories.
Madden, Richard R. The History of the Irish Periodical Literature, from the End of the 17th to the Middle of the 19th Century. Its Origin, Progress, and Results; with Notices of Remarkable Persons Connected with the Press in Ireland during the Past Two Centuries. London, J. C. Newby, 1867. 2 vols. M142
References throughout to licensing of newspapers, application of the law of libel, and prosecution of editors and printers.
Madison, James. [Letter to N. P. Trist, 23 April 1828]. In Letters and Other Writings of James Madison. New York, Worthington, 1884. vol. 3, pp. 629-31. M143
Madison refers to Jefferson's letter to Mr. Norvell complaining of the licentious character of the press. The solution, Madison believes, is in having rival papers, but this is not always possible at a given time or place. He asks, half-seriously: "Could it be so arranged that every newspaper, when printed on one side, should be handed over to the press of an adversary, to be printed on the other, thus presenting to every reader both sides of every question, truth would always have a fair chance." Elsewhere he questions whether a reader would turn the paper to the side opposed to that he embraced.
-------. "Public Opinion and Press." Complete Madison; His Basic Writings, edited by Saul K. Padover. New York, Harper, 1953. M144
Selections include: The Nature of Public Opinion (National Gazette, 19 December 1791); Freedom of the Press (address to the General Assembly of Virginia, 23 January 1799); Abuses of the Press (letter to N. P. Trist, 23 April 1828); and Freedom of Opinion (address to the General Assembly of Virginia, 23 January 1799).
Maeterlinck, Maurice. "On the Prosecution of The Adult." Adult, 2:202, August 1898. M145
Letter approving of "Fellis," by William Pratt, published in The Adult, February 1898, and declared "obscene" in the prosecution of George Bedborough.
Magee, John. The Trial of John Magee, for Printing and Publishing a Slanderous and Defamatory Libel, against Richard Daly, Esq. held before the Right Honorable Lord Viscount Clonmel, by a Special Jury of the City of Dublin . . . June 28, 1790. Dublin, P. Byrne, 1790. 68p. M146
Magee, publisher of the Dublin Evening Post, was one of the most persistent, though sometimes erratic, champions of a free press in Ireland from the 1780's to 1814. His first imprisonment was in 1785 when he was given a month in jail for criticizing court procedure in his own libel trial. Then, as in subsequent trials, he appeared before Baron Earlsfort (later to become Lord Clonmel) who enjoyed meting out stiff punishment to troublesome journalists, and Magee was his major protagonist. Most of Magee's trials came as a result of his crusades against government corruption and incompetency. In this case, however, Magee was charged with libeling John Daly, manager of the Theatre Royal of Dublin, affecting the theater's patronage. The offending verse was undoubtedly scurrilous, but a sympathetic jury awarded the plaintiff only 200 of the £ 8,000 damages asked. The odious fiat was used in this case as in a number of others against Magee. It was a legal device that enabled a judge to hold a man in jail indefinitely by assessing heavy bail.
Magee, John, Jr. Trial of John Magee, Proprietor of the Dublin Evening Post, for a Libel on the Duke of Richmond . . . Dublin, J. Magee, 1813. 171p. M147
The new proprietor of the Dublin Evening Post, son of the irascible John Magee, published articles charging the administration of the Duke of Richmond with corruption. Magee, who was championing the Catholic cause, was brought to trial before an all-Protestant jury, found guilty and sentenced to two years in prison. The Kilkenny Catholic Committee passed, resolutions condemning the government's treatment of Magee, which Magee published in his paper. For this offense Magee received an additional six months. As a further persecution of the Peel government, stamps for the mailing of Magee's newspapers were withheld, requiring Magee to transfer ownership of the paper to his brother James.
Magruder, Jane N. Development of the Concept of Public Interest as It Applies to Radio and Television Programming. Columbus, Ohio State University, 1959. 335p. (Unpublished Ph.D. dissertation) M148
Mahony, Dennis A. The Prisoner of State. New York, Carleton, 1863. 414p. M149
The autobiography of the editor of the Dubuque Herald, who was arrested ("kidnapping" he calls it) and imprisoned for three months in 1862 for writing editorials critical of the "usurpation of power by the President" in time of war.
"Mail Snooping." New Republic, 153:6-7, 21 August 1965. M150
"The Post Office, alert to violations of obscenity laws, now routinely visits employers of persons suspected of receiving 'obscene' mail."
Maisel, Albert Q. "The New Battle Over Birth Control." Reader's Digest, 82:54-59, February 1963. M151
An account of the debate being waged in Illinois over proposals of the Illinois Public Aid Commission to issue birth control information and supplies to indigent families.
-------. "The Smut Peddler Is After Your Child." Woman's Home Companion, 78:24-25+, November 1951. M152
[Makemie, Francis]. A Narrative Of a New and Unusual American Imprisonment Of Two Presbyterian Ministers: And Prosecution of Mr. Francis Makemie One of Them for Preaching one Sermon at the City of New Fork. By a Learner of Law and a Lover of Liberty. Printed for the Publisher, 1707. 56p. (Also in Peter Force, ed. Tracts and Other Papers, 1847, vol. 4, no. 4) M153
Francis Makemie and John Hampton, Presbyterian ministers, were arrested for preaching without a license, to the disturbance of the established Church. Makemie published his sermon and was brought to trial for seditious libel. The defense argued that the Act of Tolerance of 1689 applied to the Colonies and protected them. The New York jury found Makemie "not guilty," scoring a victory for religious tolerance in speech and press.
Makowski, Kenneth W. "Obscenity Statute Declared Unconstitutional Due to Vagueness." Temple Law Quarterly, 33:359-65, Spring 1960. M154
Relates to the case, Commonwealth v. Blumenstein, 396 Pa. 417 (1959), involving the closing of a drive-in theater for showing a film that allegedly violated the Pennsylvania Penal Code.
Makris, John N. The Silent Investigators: The Great Untold Story of the United States Postal Inspection Service. New York, Dutton, 1959. 319p. M155
Includes accounts of action against use of the mails for extortion, to advertize fraudulent or harmful medicine, for blackmail, and to distribute pornography. The last is presented in chapter 19, Merchants of Filth. Much of the chapter is devoted to investigations of the Gathings Committee and the 30-year efforts against pornographer Samuel Roth, sentenced in 1956 to 5 years in prison. The conviction was upheld by the U.S. Supreme Court in a decision upholding the constitutionality of the obscenity statute.
Maley, Michael. Catholic-Committee Persecution. Reports of Two Trials for Libel in which Mr. M. M. and George Bryan, Esq., were Plaintiffs;--Edward J. B. Fitzsimons, Esq., Barrister-in-law and His Father, John Bourke Fitzsimons, Esq., Defendant. Dublin, Espy & Cross, 1813. 36p. M156
Maley, a journalist, sued the editor of a government paper, Hibernian Journal, for libel, but the judge dismissed the case, ruling that an editor could not be held responsible. A Major Bryan of the Catholic Board had sued the Journal's two proprietors for libel, but an unsympathetic judge and jury awarded Bryan only £ 5.
Malin, Patrick M. "Smut, Corruption, and the Law." In McCormick, Versions of Censorship, pp. 203-17. M157
Testimony of the executive director of the American Civil Liberties Union before Senate Subcommittees on Juvenile Delinquency and Constitutional Amendments, January 1960. One constitutional amendment opposed by the ACLU would allow each state to decide questions of decency and morality on the basis of its own public policy, a second amendment would declare obscene material outside the bounds of protection under the First Amendment.
Malkin, Sol. M. "Censorship Confusion." Antiquarian Bookman, 20:282-84, 29 July 1957. M158
In February 1957 the U.S. Supreme Court unanimously reversed a lower court ruling convicting a Detroit bookseller of obscenity for selling Griffin's The Devil Rides Outside. In June of the same year, in a series of three split decisions on alleged "obscene" books, the Court upheld the validity of one federal and two state "obscenity" statutes. The author believes the Court instead of clarifying the issue has "yielded to expediency and has compounded the many more 'test' cases certain to arise."
-------, et al. "Special Book Censorship Issue." Antiquarian Bookman, 22:1875-92, December 1958. M159
A compilation of some of the most pertinent material on censorship events of the year: court decisions, actions of the Post Office Department and other U.S. agencies, state and city censorship, literary censorship, and action against books, magazines, motion pictures, newspapers, radio and television. Includes advice to booksellers and librarians on what to do when the attack comes.
Malone, Dumas. "The First Years of Thomas Cooper in America, 1784-1801." South Atlantic Quarterly, 22:139-56, April 1923. M160
Includes an account of Cooper's arrest and trial under the Sedition Act of 1798, for libeling President Adams.
-------. The Public Life of Thomas Cooper, 1783-1839. New Haven, Yale University Press, 1926. 432p. (Yale Historical Publications, Miscellany 16) M161
The standard biography of one of the earliest American defenders of freedom of the press. Cooper, a British-born American scientist and educator was convicted under the Sedition Act and imprisoned for his political writing. His Treatise on the Law of Libel and the Liberty of the Press, first published in 1830, is one of the earliest attempts to formulate a libertarian doctrine on freedom of the press.
Manchester, William R. Disturber of the Peace; the Life of H. L. Mencken. With an introduction by Gerald W. Johnson. New York, Harper, 1951. 336p. (Published in England under the title, The Sage of Baltimore) M162
A full-length biography of the Baltimore journalist whose aversion to hypocrisy and prudery brought him into the van of the attack on literary censorship of the '20s. Of special interest are the chapters on the Scopes evolution trial and the famous "Hatrack" case. In the latter Mencken personally challenged the power of the Boston censors by selling a copy of his April 1926 American Mercury on the Boston Common to J. Frank Chase of the Watch and Ward Society. The issue contained an article entitled "Hatrack," offensive to the Society. In a surprise decision by a Boston municipal court judge, Mencken and the American Mercury were cleared of the obscenity charge.
Mandeville, Bernard. The Fable of the Bees or, Private Vices, Publick Benefits. With a Commentary Critical, Historical and Explanatory by F. B. Kaye. Oxford, Eng., Clarendon Press, 1924. 2 vols. M163
The Fable, published during the first quarter of the eighteenth century, was widely denounced as heretical and twice presented to the Grand Jury as a public nuisance. In France it was buried by the common hangman. In his defense Mandeville denies any blasphemy, profaneness, or immorality, offering to recant and even burn his own book if evidence to the contrary can be found. The editor's notes and commentary contain evidence of the censorship. A Vindication of the Book, from the Aspersions Contain'd in a Presentment of the Grand Jury of Middlesex, and An Abusive Letter to Lord C. (first published in 1724) is contained in pages 381-412 of volume one.
Mandeville, Ernest W. "Gutter Literature." New Republic, 45:350-52, 17 February 1926. (Reprinted in Beman, Censorship of Speech and the Press, pp. 275-81) M164
An attack on the sex story and confession magazines of the '20s, but with no recommendations for censorship.
Mangravite, Peppino. "Freedom of Expression; Excerpts." American Artist, 11:47, September 1947. M165
Today the real danger for the artist in regard to freedom of expression "lies in the fact that cultural and political patterns are forcing the personality of the artist to become subservient to their doctrines . . . Freedom of expression can be maintained by the artist only if he has the strength to remain an independent identity." Excerpts from an address before the American Federation of Arts, May 1947.
[Manners and Miller, Buchan and Others against the King's Printers]. "Judgment of the Court of Sessions, on May 12, 1826, as to the Royal prerogative in regard to printing Bibles . . ." In Macdonell, Report of State Trials, vol. 2, pp. 215-43. M166
Mannes, Marya. "Hidden Censorship in the United States." Listener, 801-2, 15 May 1958. M167
A discussion of the serious restrictions placed by advertisers and pressure groups on the content of American television programs. The danger zones are race, religion, politics, and sex. The result is often superficial and evasive treatment of a theme. The author finds the Republicans more sensitive to satire and criticism of their administration, but since "sputnik, the voice of dissent is steadily growing in volume." When the people wake up to their deprivation, the hidden censors will be out of jobs and shackled writers will be free to communicate.
-------. "The Public Right to Prurience." New York Herald Tribune Book Week, 2(14):2, 13 December 1964. M168
The publishing world is encouraging a nation of Peeping Toms, avid for sexual intimacies which they themselves apparently fail to achieve." Pornography is purveyed under cover of sociology, satire, and art. "The public has the double enjoyment of being sexually excited and morally instructed." The author rejects censorship as a solution but calls for the revival of standards of taste in writing and publishing.
Manning, Robert J. "Foreign Policy and the People's Right to Know." Department of State Bulletin, 50:868-77, 1 June 1964. M169
In an address before the Massachusetts Bar-Press Symposium, the Assistant Secretary of State for Public Affairs explores the complex ethical as well as practical issues faced by the government in meeting the dual responsibility of informing the public and protecting national security. Specifically, he discusses several "deceptively easy distinctions" that are often introduced into arguments, yet offer unsatisfactory solutions: (1) the distinction between fact and policy, between things you can count and decisions about those things; (2) the distinction between a code of conduct in time of war and in time of peace; (3) the view that it is the government's job to keep secrets and the job of the press to try to pry them loose and print them. He calls for a greater understanding within government, particularly in the diplomatic profession, of the requirement of public knowledge and a greater awareness of the working of government on the part of journalists, based on direct experience in government. The public must also promote its own interest by "rejecting the bogus and ridiculing the oversimplicities."
Manson, T. W. "Freedom of Thought and Expression." In Ernest F. Jacob, What We Defend: Essays in Freedom by Members of the University of Manchester. London, Oxford University Press, 1942, pp. 33-45. M170
"We defend these three rights: 1. Freedom of access to the facts. 2. Freedom to think about them including freedom to think aloud with other people, that is to discuss, without the dead hand of an official and orthodox interpretation paralyzing the discussion, and without spies listening in to the debate. For freedom of exchange of thought is an essential and integral part of freedom of thought itself. 3. Freedom of expression, i.e. freedom to publish the results of inquiry, reflection and discussion." He considers the limitations of these freedoms of expression within the framework of a democratic state in normal times and in time of war.
The Manual of Liberty: or, Testimonies in Behalf of the Rights of Mankind; Selected from the Best Authorities, in Prose and Verse, and Methodically Arranged. London, Printed for H. D. Symonds, 1795. 406p. M171
Includes quotations relating to freedom of the press, from John Milton, Lord Chesterfield, David Hume, and others.
Manvell, Roger. "The Cinema and the State: England." Hollywood Quarterly, 2:289-93, April 1947. M172
An advocate of organized social pressures (film societies) as a means of improving the quality of the British movies discusses Labour Party proposals for partial nationalization of the British film industry.
Maple, William L. "Be Careful What You Write." Quill, 19(2):3, 5 March 1931. M173
The director of the School of Journalism, Washington and Lee University, writes of the legal pitfalls to newspapers in the area of libel.
Marbut, Frederick B. "Newspaper Libel in Pennsylvania." Dickinson Law Review, 59:232-38, March 1955. M174
A review of recent court decisions involving newspaper libel.
Marcellus, pseud. Essays on the Liberty of the Press. By Marcellus. Originally Published in the Virginia Argus, in December, 1803. Richmond, Printed by S. Pleasants, Jr., 1804. 19p. M175
The author, commenting on measures then before the Virginia Assembly, urges the rejection of the British common law of libels, as expounded by Blackstone, in favor of the American Bill of Rights and the "celebrated report of the Virginia legislature in the session of 1799." While recognizing the right of an individual citizen for redress of a personal libel, he calls for a jury trial rather than decision by a magistrate.
March, John. Actions for Slaunder, or A Methodicall Collection under certain Grounds and Heads, of what words are actionable in the Law, and what not? . . . London, Printed by F. L. for M. Walbank and R. Best, 1647. 241p. M176
"A Treatise of very great use and consequence to all men, especially in these times, wherein actions for Slaunder are more common, and do much more abound then in times past: And when the malice of men so much increases, well may their tongues want a Dizectory. To which is added, Awards or Arbitrements, methodised under severall Grounds and Heads . . . wherein is principally shewed, what Arbitrements are good in Law, and what not . . . . By Jo. March of Grayes-Inne, Barister." This work, published three years after Milton's Areopagitica, is probably the first English work on libel and slander.
Marcus, Steven. "Mr. Acton of Queen Anne Street, or, The Wisdom of Our Ancestors." Partisan Review, 31:201-30, Spring 1964. M177
"The following essay is the first chapter of a study whose subject is writings about sex and sexuality in mid-nineteenth century England. The largest part of that body of literature consists of writings of a pornographic character, and it is toward an examination of such works that this essay moves."
-------. "Pisanus Fraxi, Pornographer Royal." Partisan Review, 32:13-32, 99-113, Winter 1965. M178
An account of the life and scholarship of the English bibliographer, Henry Spencer Ashbee (1834-1900) who compiled the first bibliography in the English language devoted to writings of a pornographic or sexual character. His bibliographical trilogy "is not only the first work of its kind in English; it is undoubtedly the most important in any language." References also to English pornographer John Camden Hotten.
Marcus, William E. "Censorship from the Viewpoint of a Trustee." Wisconsin Library Bulletin, 27:152-53, June 1931. M179
Reference to the frequent rejection of the factually unchallenged Strange Death of President Harding and the acceptance of a debunking biography of George Washington by Rupert Hughes, and the bases for judgment of each.
[Marcus Graham Freedom of the Press Committee]. Freedom of Thought Arraigned. Four Year Persecution of "Man!" . . . [Los Angeles, The Committee, 1939]. 20p. M180
A protest of the "19-year persecution of Marcus Graham" and the San Francisco anarchist publication, Man. The pamphlet invites support of the Marcus Graham Freedom of the Press Committee, consisting of prominent authors and scholars. Among them are Sherwood Anderson, Witter Bynner, George S. Counts, John Dewey, Vardis Fisher, Louis Untermeyer, and Ruth Suckow.
Marcuse, Ludwig. Obscene; The History of an Indignation. London, MacGibbon & Key, 1965. 327p. M181
This study of obscenity by a German professor (first published in 1962 by Paul List Verlag) centers around leading obscenity trials: Friedrich Schlegel's Lucinde (Jena, 1799), Gustave Flaubert's Madame Bovary (Paris, 1857), Arthur Schnitzler's Round Dance (Berlin, 1920), D. H. Lawrence's Lady Chatterley (London, 1960), and Henry Miller's Tropic of Cancer (Los Angeles, 1962). A chapter is also devoted to the crusade of Anthony Comstock and the New York Society for the Suppression of Vice. Marcuse describes Comstock as "a cross between Barnum and McCarthy." A final chapter en titled Seven Theses to Disarm Indignation gives the gist of the author's views on obscenity.
Margolis, Richard J. "The Well-Tempered Textbook." Teachers College Record, 66:664-70, May 1965. M182
Margolis, William J. "Censorship Is Their Kind of Hate." Miscellaneous Man, 13:1-3, Autumn 1957. M183
Relates to the confiscation of Miscellaneous Man, no. 10, by the San Francisco Customs authorities.
Marion, George. The "Free Press" Portrait of a Monopoly. New York, New Century, 1946. 48p. M184
A Marxian-oriented attack on news coverage by the "capitalist" press, particularly in the coverage of foreign news by the Associated Press. The author charges that the press is controlled by a capitalist class which gags the expression of labor and liberal thought. Curbing the reactionary block would improve the press, but only a program that takes socialism as its ultimate goal can seriously approach the problem of press freedom.
-------. Stop the Press! Being Volume 1 of The Next Hundred Years. New York, Fairplay, 1953. 224p. M185
An attack on the American press which Howard Fast, who writes the introduction, charges is a corrupt monopoly "ruthlessly directed against the welfare of the people." Published by the author after he was unable to place the work with an established publisher. Marion considers the capitalist press of America "the most powerful, concentrated--and dangerous--monopoly, this world has ever known." His thesis that freedom of the press in America is a myth is also dealt with in a 1946 pamphlet, The "Free Press": Portrait of a Monopoly.
Marion, Kitty. "Selling the Birth Control Review." In the Papers of the Sixth Annual International Neo-Malthusian and Birth Control Conference. New York, The American Birth Control League, 1926, pp. 175-78. M186
The author writes of the opposition and support given her when she volunteered to help Margaret Sanger distribute the Birth Control Review.
Marion, Seraphin. "Liberté de la Presse (au Canada Français depuis 1808)" Culture, 3:183-92, June 1942. M187
The history of freedom of the press in French Canada since 1808.
Mark, Norman. "The Anonymous Smut Hunters." Nation, 201:5-7, 5 July 1965. M188
An analysis and criticism of the operation of the Citizens for Decent Literature, a nationwide organization to combat obscenity
Marke, Julius J., ed. A Catalogue of the Law Collection at New York University with Selected Annotations. New York, The Law Center of New York University, 1953. 1372 p. M189
Includes the following pertinent sections: civil rights, libel and slander, and trials (libel and slander, and state). The collection of historic English and American trials is extensive.
Markel, Lester. "Our Common Stake in Free Communication: The Press." In Freedom of Communication; Proceedings of the First Conference on Intellectual Freedom . . . Chicago, American Library Association, 1954, pp. 108-15. M190
Markland, Ben C. Editorializing Practices of American Radio Stations: a Study of the Mayflower Decision and Its Revocation. Evanston, Ill., Northwestern University, 1951. 101p. (Unpublished Master's thesis) M191
Marks, Sidney. "What Is Obscene Literature Today." United States Law Review, 73:217-23, April 1939. M192
The author explores the legal confusion in the attempts over the years to find a definition for "obscenity."
Markun, Leo. Mrs. Grundy, a History of Four Centuries of Morals Intended to Illuminate Present Problems in Great Britain and the United States. New York, Appleton, 1930. 665p. M193
References throughout to action taken for moral reasons against books and the theater and to squeamishness in reading tastes.
Marquette University. Problems of Communication in a Pluralistic Society. Papers Delivered at a Conference on Communications . . . [Milwaukee], Marquette University Press, 1956. 166p. M194
Includes: Legal Implications of, and Barriers to the Right to Know by Leon R. Yankwich; The Right to Know Government Business from the Viewpoint of the Government Official by William P. Rogers; The Role of the Press in Safeguarding the People's Right to Know Government Business by J. R. Wiggins; Moral Problems Related to Censoring the Media of Mass Communications by Vernon Bourke; and Legal Problems Involved in Censoring the Media of Mass Communications by Charles S. Desmond.
Marsh, Michael. Controls over Advertising. Washington, D.C., Editorial Research Reports, 1951. (Editorial Research Reports, 2:611-26, 1951) M195
Deals with advertising in a national emergency, the growth and criticism of advertising, government regulation of advertising, and controls in the advertising of liquor.
[Marshall, John]. Address of the Minority in the Virginia Legislature to the People of that State; containing a vindication of the constitutionality of the Alien and Sedition laws. [Richmond?]. 1799. 16p. M196
When the Virginia legislature passed resolutions against the Alien and Sedition Laws, Federalist John Marshall wrote this minority report. While supporting the constitutionality of the laws, Marshall considered them useless and unwise.
[-------]. The Letters of Curtius to General J. Marshall, Late Envoy to France. Likewise the Alien and Sedition Laws; together with Part of the Constitution of the United States. From the Virginia Argus. Washington, Pa., Printed by John Israel, 1799. 35p. M197
John Marshall's opinion on the Alien and Sedition Acts are revealed in this exchange of letters with "Curtius."
Marshall, Max S. "Sense and Censorship." College and University, 40:11-14, Fall 1964. M198
A California professor says "censorship is a daily, almost an hourly, occurrence. We are surrounded by it and do some censoring of our own. Not censorship itself, but its rules are at stake."
Marshall, S. L. A. "Curious Is the Course of the Censors." Quill, 30(5):3-4, 12, May 1942. M199
The author, a newspaperman, military critic, and historian, writes of the problems of military censorship. The publication of all "safe" military news in wartime, even if it is bad news, serves a direct military end because it builds civilian morale.
Martel, John S. "Fair Trial v. Free Press in Criminal Trials." California Law Review, 47:366-73, May 1959. M200
After an examination of the factual situations of these two consitutionally protected rights and after reviewing court decisions, the author concludes that both Canon 35 and 20 of the American Bar Association should be adopted as rules of court, enforceable by contempt proceedings. "Our system of justice demands that in an area fraught with doubts, such doubts be resolved in favor of the accused as long as they persist."
Martin, Albert B. The Federal Communications Commission and the Regulation of Broadcasting. Pittsburgh, University of Pittsburgh, 1938. 107p. (Unpublished Master's thesis) M201
Martin, Everett D. Liberty. New York, Norton, 1930. 307p. M202
A philosophical study of the concept of liberty down through the ages; an understanding of the great classical statements of Milton, Locke, and Mill and the conflicts among the various traditions of liberty we have inherited from the past. While not limited to consideration of press freedom, the ideas expressed lie at the base of the various concepts of a free press. The implications of Milton's Areopagitica are discussed on pp. 203 ff.
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