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Oakes, George W. Ochs. "Unclean Books." Light, 153:28-32, July-August 1923. O1
Address by the editor of Current History before the Federation of Women's Clubs, New York.
Oakes, John B. "The Paper Curtain of Washington." Nieman Reports, 12(4):3-5, October 1958. O2
The federal government limits freedom of information by means of censorship at the source, management of news, and restrictions on reporters.
Oakes, Philip. ". . . Something Blue." Spectator, 205:432+, 23 September 1960. O3
A description of the lurid and sadistic sex books and magazines in the British shops, openly available to minors, while Lady Chatterley's Lover is under wraps.
Oare, Lenn J. "What Is Liberty of the Press?" Case and Comment, 22:476-77, November 1915. O4
"Freedom of the press means, in fact, the right to bring the government of the people before the public bar of justice." The guarantee of a free press, however, has never been construed as interfering with libel laws.
Oberholtzer, Ellis P. "Censor and the 'Movie Menace.'" North American Review, 212:641-47, November 1920. (Reprinted in Rutland, State Cernorship of Motion Pictures, pp. 29-36) O5 §
The secretary of the Pennsylvania Board of Motion Picture Censors urges censorship of movies.
-------. Morals of the Movies. Philadelphia, Penn Publishing Co., 1922. 251p. O6
An American historian recounts his experiences in serving for six years as a member of the Pennsylvania State Board of Censors, which regulates and controls the issue and circulation of motion picture films in that state. Oberholtzer is concerned not only with the effect on Americans, especially children, of the low moral standards of many of the movies, but objects to the export of false values to the outside world. The appendix includes a proposed federal film censorship bill (1914), the Pennsylvania censorship law, a proposed Chicago ordinance (1921), the Portlanu, Ore., ordinance (1915), the law of Massachusetts, the proposed Missouri bill (1919), the law of Quebec, and Senator Myers' resolution for a federal investigation of the film industry.
-------. "Moving Pictures: Obiter Dicta of a Censor." Yale Review, 9(n. s.):620-32, April 1920. O7
The Pennsylvania censor presents a general denunciation of the movies and a denial of the right of freedom of speech for the movie producer whose products show he has "so low an estimate of his social responsibility." The author objects to industry control of movies as merely a device to forestall public action. He calls for state censorship of films.
-------. "What Are the Movies Making of Our Children?" World's Work, 41:249-63, January 1921. (Reprinted in Rutland, State Cernorship of Motion Pictures, pp. 30-47) O8
Oboler, Eli M. "Congress as Censor." Library Journal, 77:1927-30, 15 November 1952. (Reprinted in Daniels, Censorship of Books, pp. 29-31) O9 §
A review of censorship legislation introduced in the 82d Congress.
-------. The Freedom to Read: A Selected List. [Pocatello, Idaho], Idaho State College Library, 1963. 28p. mimeo. (Reading List no. 35) O10 §
-------. "Idaho Libraries and Intellectual Freedom." Idaho Librarian, 17:101-4, July 1965. O11
-------. "Idaho School Librarians and Salinger's Catcher in the Rye: A Candid Report." Idaho Librarian, 15:137-39, October 1963. O12
O'Brian, John L. Civil Liberty in War Time. Paper Presented at the Forty-Second Annual Meeting of the New York State Bar Association Held in the City of New York on January 17 and 18, 1919. Washington, D.C., Govt. Print. Off, 1919. 22p. (Senate document no. 434, 65th Cong., 3d sess.) O13
The special assistant to the Attorney General for war work discusses the work of the Justice Department in enforcing the wartime sedition laws. Includes section on the prosecution of publications and speakers.
"Obscene Literature." Albany Law Journal, 12:37-38, 17 July 1875. O14
An attack on two sex education books, Elizabeth Edson Evans' The Abuse of Maternity, and Dr. Dio Lewis' Chastity, or Our Secret Sins. The former is dangerous because it proposes that a woman "have the legal right to the control of her own person in sexual matters." The latter, which discusses sex hygiene, "ought to be suppressed by the public authorities." The ideas espoused in these works are the product of "long-haired men and short-haired women." In the 7 August issue a letter to the editor offers the bold suggestion that such books as the above should be given to our children to teach them the facts of life. The editor retorts that this would be fine if society were organized upon ideas that regulate horse-breeding.
"Obscene Literature and Pictures." American Journal of Dermatology, 15:442, August 1911. O15
Brief editorial reporting on the suppression of the June issue because of an illustrated article by Dr. W. P. Carr on scrotal surgery. A review by Dr. Robert W. Shufeldt of Theodore Schroeder's Obscene Literature and Constitutional Law appears on pages 424-25 of the August issue.
"Obscene Publications" Justice of the Peace, 118:664-66, 23 October 1954; 118:680-82, 30 October 1954; 118:694-97, 6 November 1954; 118:709-11, 13 November 1954; 118:725-26, 20 November 1954; 118:812-18, 25 November 1954. O16
A discussion of the present state of obscenity in Great Britain and the application of the law by local officials and the courts. The author draws widely from history, law, and the opinions of literary critics, as well as from the practical experience of police and magistrates. He suggests Parliamentary reform in the Obscene Publications Act of 1857.
"Obscenity and the Post Office: Removal From the Mail under Section 1461." University of Chicago Law Review, 27:354-68, Winter 1960. O17
Congress has the power, within limits, to decide what matter will be carried in the mail. Section 1461 authorizes the removal of obscene matter, which is not protected under the First Amendment. Only the procedures for determining censorship may be successfully attacked. "What probably will survive is censorship of an ill-definable collection of matter by the federal letter-carrying agency under the watchful eye of federal courts."
"Obscenity-Comparison Evidence Inadmissible for Purpose of Establishing Community Standards under `Hard-Core Pornography' Test." Harvard Law Review, 76:1498-1501, May 1963. O18
Notes on the case of People v. Finkelstein, 11 N.Y. 2d 300.
"Obscenity-Constitutional Obscenity: The Supreme Court's Interpretation." DePaul Law Review, 12:103-15, Autumn-Winter 1962. O19
"What concerns this writer is the Court's hesitance to recognize that an expression's distributive freedom is limited where its primary audience is incapable of mature judgment. . . . It is obvious that the inquiring and immature mind of a child should be channeled and protected until it develops at least a youthful maturity."
"Obscenity-Construction and Constitutionality of Statutes Regulating Obscene Literature." New York University Law Review, 28:877-90, April 1953. O20
The purpose of this note is "to point out that obscenity statutes may cause more harm than good to society, and that there exists a need for a re-examination of the current law."
"Obscenity-Declaratory Judgments-Massachusetts Provides for Declaratory Action against Obscene Book with Jury Trial on the Issue of Obscenity." Harvard Law Review, 59:813-16, May 1946. O21
A new Massachusetts law puts the offending book, rather than the bookseller or publisher, on the stand. The article reviews the legal background of obscenity in Massachusetts.
"Obscenity-Evidence Admission of Contemporary Critical Evaluation of Libeled Book." Minnesota Law Review, 35:326-30, February 1951. O22
Case notes on U.S. v. Two Obscene Books, 92 F. Supp. 934 (N.D. Cal. 1950). The case involves the importation of Henry Miller's Tropic of Cancer and Tropic of Capricorn.
"Obscenity in the Mails: Post Office Department Procedures and the First Amendment." Northwestern University Law Review, 58:664-84, November-December 1963. O23 §
"It is the purpose of this commentary to examine these [Post Office] procedures with the aim of determining what safeguards may be necessary at each stage-from removal of allegedly obscene matter from the mails through judicial review-in order to meet constitutional standards."
"Obscenity Law Anomalies." Bookseller, 3094:1744-46, 10 April 1965. O24
A member of Parliament complains of the unfairness of the administration of the Obscene Publications Act which allows a public library to stock books which booksellers had been prevented from selling and copies of which had been confiscated.
"Obscenity-Mailability of Magazines Which Appeal to Homosexuals." Vanderbilt Law Review, 16:251-57, December 1962. O25
Manual Enterprises, Inc. v. Day, 370 U.S. 478 (1962).
"Obscenity Test-A Legal Poser." Newsweek, 67(14):19-22, 4 April 1966. O26
"Perhaps nowhere was the uncertainty and unease over the limits of publishing and peddling pornography better illustrated than in the Supreme Court last week. In the course of upholding the obscenity conviction of publisher Ralph Ginzburg and overturning the ruling that the eighteenth-century novel Fanny Hill was obscene, members of the Court filed no fewer than ten separate opinions."
Observations on a Letter from George Nicholas, of Kentucky, to His Friend in Virginia; in Which, Some of the Errors, Misstatements, and False Conclusions in that Letter Are Corrected, and the Late Measures of the Government, Which Have Been Complained of in Kentucky, Are Justified; by an Inhabitant of the Northwestern Territory. Cincinnati, Printed by E. Freeman, 1799. 46p. O27
The writer upholds the Alien and Sedition laws, in disagreement with the recently-passed Kentucky Resolutions which had been defended in A Letter from George Nicholas . . .
The Observator Observ'd: or, Protestant Observations upon Anti-Protestant Pamphlets. [London], By T. C. for Edw. Dod, [1656]. O28
A Whig pamphlet ridiculing the ex-licensor of printing, Roger L'Estrange.
Ockham, David, "Freedom of the Films." Saturday Review (London), 150:783, 13 December 1930. O29
Objections to self-censorship in the British movie industry. The author prefers an official film censorship comparable to that of the stage.
-------. "The Mandarins of Wardour Street." Saturday Review (London), 149:516-17, 26 April 1930. O30
"The Film Censorship is responsible to nothing or nobody not even to the trade which created it." Special concern over the censor's entering the realm of politics.
O'Connell, Michael. "Censorship on Campus." America, 111:611-13, 14 November 1964. Discussion, 112:17-18, 2 January 1965. O31
A student's plea for granting responsible freedom to Catholic college editors.
O'Connor, Frank. "Frank O'Connor on Censorship." Dubliner, 2:39-44, March 1962. O32
"On Wednesday, February 14th, 1962, in Trinity College, Dublin, at a meeting of the College Historical Society, Mr. Frank O'Connor proposed the motion `that Irish censorship is insulting to Irish intelligence.' The motion was opposed by the Hon. Mr. Justice Kevin Haugh. It was carried by forty votes to nine. We publish here the text of Mr. O'Connor's speech."
O'Connor, J. D. "Censorship of Motion Pictures." In Union of Nova Scotia Municipal Proceedings, 1922, pp. 59-65. O33
O'Connor, Ulick. "Censorship on the Irish Scene." Chicago Tribune Books Today, 2(31):9, 1 August 1945. O34
A brief account of Irish Customs censorship of John McGahern's The Dark. Now that the Censorship Board is operating on a more reasonable basis, the customs officials seem to have stepped up their censorship activity.
O'Connor, William D. "Another Recovered Chapter in the History of Leaves of Grass." Conservator, 7:99-102, September 1896. O35
Horace Traubel wrote in the introduction: "The letter that follows was addressed to the New York Tribune, under date of September 16th, 1882, and, so far as I can discover, was not there or elesewhere printed. I have come into possession of the manuscript through the generosity of the widow of its author." O'Connor's playful title to the piece was Tobey or Not Tobey? That Is the Question. It is an account of the efforts of Boston's postmaster, Mr. Tobey, to exclude from the mails excerpts from Whitman's Leaves of Grass contained in a weekly journal published by George Chainey.
-------. The Good Gray Poet. A Vindication. New York, Bunce & Huntington, 1866. 46p. (Reprinted in Richard M. Bucke, Walt Whitman. Philadelphia, McKay, 1883, pp. 99-130) O36 §
In June 1865 Walt Whitman was dismissed from his clerkship in the U.S. Department of Interior by Secretary Harlan because he had written Leaves of Grass, a work "full of indecent passages." Whitman's young Irish friend wrote this eloquent defense of the poet and his poetry, a devastating attack on Harlan's action and on censors in general. The essay is filled with allusions to efforts that have been made to suppress or expurgate great works of literature.
[-------]. "Mr. Comstock as Cato the Censor." In Walt Whitman Review, 5:54-56, September 1959. O37 §
A hitherto unpublished letter from William D. O'Connor to the editor of the New York Tribune relating to the suppression of Whitman's Leaves of Grass by the Boston authorities in 1882. Includes a note by William White, editor of the Walt Whitman Review.
Odgers, William B. Digest of the Law of Libel and Slander and of Actions on the Case for Words Causing Damage . . . Edited by Robert Ritson. 6th ed. London, Stevens, 1929. 824p. (First published, 1881) O38
The 1881 edition, according to the editor, cited every case in England and Ireland for the previous 15 years, earlier cases more sparingly. Leading American and Canadian cases are also cited, with notation where the law differs. Subsequent editions add later English cases. Appendix B of the 1929 edition digests statutes relating to newspaper libel.
-------. "Law Relating to Heresy and Blasphemy." Modern Review, 4:586-608, 1883 . O39
O'Donnell, T. J. "Military Censorship and the Freedom of the Press." Virginia Law Review, 5:178-89, December 1917. O40
An emotional plea for strict wartime censorship in the interest of national defense. "There are probably in this country a million traitors and alien enemies who have the disposition to destroy our military and naval forces and defeat us in this war." Their activities and publications should be banned. We should not even permit journals to be published in the enemy language.
Oertel, William J. How Free Is Freedom? Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1960. 4p. (Publication no. 40) O41 §
A discussion of the right to advertise, including laws proposed or enacted by various states to provide "free enterprise" in advertising.
Oestreicher, Jack C. "But the News Came Through!" Quill, 22(10):16-17, 36, October 1934. O42
Foreign correspondents have braved many dangers and the censor's wrath to report recent events.
-------. "Censorship." In The World Is Their Beat. New York, Duell, Sloan, and Pearce, 1945, pp. 128-41. O43
An American war correspondent discusses his experience and that offellow correspondents with military censorship during World War II.
Oetting, Richard F. "The New Star Chamber-TV in the Courtroom." Southern California Law Review, 32:281-92, Spring 1959. O44
The author argues that the principles of Canon 35 are not necessary for the maintenance of the high tradition of judicial conduct. Granting the television industry the right to reveal the actual workings of the court will not corrupt the ideas. The right of television under the First Amendment and the interest of the public in a public trial "should be restricted only when it appears there is an actual conffict with equally important interests." He calls for modification or repeal of Canon 35.
Oexeman, Robert J. Obscenity and the Law in Illinois. Carbondale, Ill., Southern Illinois University, 1965. 138p. (Unpublished Master's thesis) O45 §
A study of the obscenity law (literature and motion pictures) in Illinois as it has been interpreted by decisions of the Illinois Supreme Court and in light of recent decisions of the U.S. Supreme Court.
"Of Censorship and Decency." Christian Century, 75:125, 29 January 1958. O46
Editorial concerning the recently set up Churchmen's Commission for Decent Publications which "proposes to coordinate efforts to eliminate the sale and distribution of `indecent and obscene' material and publicize the need for federal, state, and local laws to curb the spread of such material; to encourage high standards of publication . . . and to issue evaluation lists of publications."
O'Faolain, Sean. "Love Among the Irish." Life, 34:152-54, 16 March 1953. (Quoted in Downs, The First Freedom, p. 379) O47
An Irish novelist attributes the declining Irish birth rate to a fear of sex. The symbol of this fear is expressed in the arbitrary censoring as indecent and obscene of most works of modern fiction. The register of books banned by the Irish Censorship Board (150 pages) is so lengthy "that the motto of the Censorship Board could be, `If it's good we've got it.'"
"Off with Her Head." Nation, 108:18, 14 January 1919. O48
The arrest of Theodora Pollock in Sacramento for having in her possession a copy of Solidarity and her own unpublished poem, "Peace."
"Official Correspondence Relating to the Censorship of Telegrams Transmitted by Cable and Wireless." American Journal of International Law, 9(Sup.):270-313, July 1915. O49
"Official Secrets Bill: Widespread Press Opposition." U.S. News, 12:21, 6 March 1942. O50
Most editors believe the bill goes far beyond the censorship powers needed for the war.
O'Flaherty, Liam. "Irish Censorship." In American Spectator Year Book, New York, Stokes, 1934, pp. 131-34. O51
Censorship in Ireland is the work of "the illiterate ruffians who control Irish life at present." The Irish people love art and beauty but it is kept from them by the priests. "The militant puritans in Ireland have, in my opinion, staged their last great parade. Before very long they'll be all hurled into the clean Atlantic, together with their censorship, their dung, their bawdy books, their bawdy houses and their black booze.
Ogden. Rollo. "A Defense of the Press." In Proceedings, American Political Science Association, December 1912. New York, The Association, 1913, pp. 194-200. (Reprinted in Beman, Cernorship of Speech and the Press, pp. 342-50) O52 §
A New York newspaper editor states that a newspaper can be all-powerfull or impotent, depending upon the will of the people. "The community always holds the power of life or death over newspapers. No form of property is more precarious." The public should show active hostility toward newspapers that are vulgar and unreliable.
Ogilvie, R. A. "Keeper of the Keys." Wilson Library Bulletin, 14:640-41, May 1940. O53
The librarian has the duty, while providing information on all sides of controversial questions, to reject propaganda that is false and that is harmful to minority groups.
O'Higgins, Harvey J. "Freedom of Speech." Century, 95:302-3, December 1917. O54
"In the freest of countries, in the most peaceful of times, freedom of speech and freedom of the press were never more than the limited freedom to say what you pleased and print what you pleased and take the consequences." He rejects as unwarranted the cries of many against wartime censorship-those who want not only to be free but to be immune from the consequences.
-------. "Natural Censorship." Outlook, 149:6-7, 2 May 1928. O55
There is a natural censorship, which is seen among primitive people as "fear of the omnipotent word." In a heterogeneous society, such as ours, the more puritanical citizens often find judges and juries not as shocked as they by some of the books and plays, brought before them. Hence, they ask for prosecution to be put in the hands of censors who represent the same point of view as the complaining members of the community. "The wise artist . . . will say: `You may pass all the laws you please against moral turpitude in books and plays so long as you leave the enforcement of those laws to judges and juries. I don't expect to move any faster than the civilization in which I live. But don't set up a private Judge Lynch to censor one according to his personal sense of shock. That is a return to barbarism which the community may come to regret.'"
-------, and Edward H. Reede. "Anthony Comstock and P. T. Barnum." In their The American Mind in Action. New York, Harper, 1924, pp. 132-54. O56
The authors deal with two diverse products of the Puritan mind, Anthony Comstock and P. T. Barnum. Comstock's life long crusade against obscenity is taken largely from the sympathetic biography by Trumbull.
Ohio. Department of Education. Division of Film Censorship. Ohio Censorship Law. Columbus, Ohio, Banks-Baldwin, 1938. 7p. O57
This pamphlet was edited by E. N. Dietrich. Ohio's censorship law was passed in 1913, became a storm-center of controversy soon afterwards and led to the Supreme Court decision in 1915 upholding state movie censorship. In 1921 the censorship functions were transferred from the Industrial Commission to the State Board of Education. State censorship was abolished by the Department of Education in 1952 after a decision of the U.S. Supreme Court (Burstyn v. Wilson) in effect declared the Ohio censorship law unconstitutional. The law, though no longer enforced, has not actually been repealed.
Ohio Anti-Slavery Society. Narrative of the Late Riotous Proceedings against the Liberty of the Press, in Cincinnati. With Remarks and Historical Notices, Relating to Emancipation . . . Cincinnati, The Society, 1836. 48p. O58
Relates to public sentiment in Cincinnati against the abolitionists and the destruction of the presses of A. Pugh, printer of the Philanthropist, organ of the Ohio Anti-Slavery Society.
"Ohio Supreme Court Upholds Conviction under Statute Prohibiting `Knowing Possession' of Obscene Literature." DePaul Law Review, 10:156-61, Autumn-Winter 1960. O59
The case of State of Ohio v. Mapp, 170 Ohio St. 427, 166 N. E. (1960), in which a landlady, was found guilty of "knowing possession" of obscene matter when she stored the belongings of a roomer. The reviewer believes that "knowing possession" should be coupled with some intent to sell or distribute.
"The O'Keefe Case and The Law of Libel." Law Times, 55:75, 31 May 1873. O60
Relates to two alleged libels published by Cardinal Cullen, the questions turning upon the relationship between a Catholic priest and his superior and rights under civil law.
Oklahoma Library Association. Committee on Intellectual Freedom. "Censorship in Bartlesville." Oklahoma Librarian, 1:7, 17, Winter 1950-51. (Also in ALA Bulletin, March 1951, and Nieman Reports, July 1951) O61 §
Report on censorship in Bartlesville, Okla., where the public librarian was discharged after 30 years of service because of her refusal to submit to censorship demands. "The action of the Citizens' Committee in Bartlesville, Okla., constitutes a violation of the Bartlesville Public Library's integrity and is a grave infraction of the freedom of inquiry, thought and expression. It is an act of intolerance."
O'Laughlin, John C. Army and the Press; Address before the Army War College. Washington, D.C., (1913). 18p. O62
-------. Relation of Press Correspondents to the Navy before and during War. Washington, D.C., Naval War College Extension, 1913, 16p. O63 §
Old Playgoer, pseud. "Miss Goldman's Trial." Pearson's Magazine, 38(3):132-43, September 1917. O64
Dramatic account of the espionage trial of Emma Goldman and Alexander Berkman.
O'Leary, Jeremiah A. Awake! Awake! The Constitution Attacked; a Letter on a "Free Press," . . . Occasioned by an Attempt of the Post Office Department and the Administration to Suppress "Bull," a Satirical Monthly. New York, American Truth Society, 1917. 8p. O65
O'Leary, an outspoken advocate of Irish independence, was indicted for treason and lost the mailing privileges for his publication, Bull, when it opposed wartime cooperation with the British. The letter is addressed to Congressman Daniel J. Riordan.
-------. My Political Trial and Experience. Including a Biographical Sketch of the Author by Major Michael A. Kelly . . . With Preface by Joseph W. Gavan. New York, Jefferson Publishing Co., 1919. 546p. O66
Olesen, Pete. "Censorship Reviewed." Idaho Librarian, 15(1)26-31, January 1963. O67
A general review of the works of literature that have over the years been banned and the various forces that have operated for and against the freedom to read.
Oliva, Peter F. "The Dilemma of Censorship." Educational Forum, 25:499-502, May 1961. O68
"The dilemma of censorship is that of reconciling freedom with restraint. Freedom in a democracy requires self-restraint." The author proposes the following steps in partial answer to the dilemma: (1) The product-film, book, or other art work should be clearly labeled when for adults only. (2) Film exhibitors should enforce ban on sale of children's tickets to adult films. (3) Previews of coming film attractions should be carefully made by the industry. (4) Parents should take a greater hand in screening literature read and films seen by their children.
Oliver, John W. "Contempt by Publication and the First Amendment." Missouri Law Review, 27:171-92, April 1962. O69
The meaning of contempt of court and the development of the law in the United States. A major problem we face today "is the constitutional balance between the exercise of the freedom of the press and the right for one to have a fair trial free from outside pressure of trial by newspaper."
-------. Grand Jury: Out of the Cave. Columbia, Mo., Freedom of Information Center, School of Journalism, University of Missouri, 1962. 11p. (Publication no. 78) O70 §
A federal judge discusses the grand jury and its powers to report its proceedings.
Oliver, L. Stauffer. "A Famous Colonial Lawyer and the Zenger Trial." In Historical Publications of the Society of Colonial Wars in the Commonwealth of Pennsylvania, 5(3):13-17, 1939. O71
Biographical sketch of Andrew Hamilton, John Peter Zenger's lawyer.
Olson, Enid M. "What Do the Censors Fear?" Teachers College Record, 66:566-73, April 1965. O72 §
The author makes a vigorous attack on the problem of academic freedom for the lower schools. He argues that the fabric of freedom is seamless and that censorship of our schools is dangerous, primarily because it easily becomes a habit of mind that jeopardizes the democratic community
Olson, Paul R. The Regulation of Radio Broadcasting in the United States. Iowa City, State University of Iowa, 1931. 250p. (Unpublished Ph. D. dissertation) O73
The Olympia Press. On the old Theme of Literature & Censorship. [Paris], The Olympia Press, 1958. 31p. O74
A discussion of the major points of evidence brought out in hearings on the British Obscene Publications Bill, 1958.
O'Meara, Carroll. "Not on the Air!" Forum, 103:301-8, June 1940. O75
A discussion of the tight radio censorship, largely self-imposed, to avoid offense to certain minorities. The author believes that censorship has about reached its peak and that "some of the prudish barriers and narrow restrictions in drama and intelligent discussion will be gradually knocked down."
O'Meara, ,J,oseph J. "Freedom Versus Authority. Commonweal, 63:516-18, 17 February 1956. O76
"The contest between freedom and authority, even in a democracy, is an unequal contest, with the advantage on the side of authority, for authority has power. . . So freedom should have the benefit of every doubt. . . No man's rights are safe unless all men's rights are respected."
-------, and Thomas L. Shaffer. "Obscenity and the Supreme Court: A Note on Jacobellis v. Ohio." Notre Dame Lawyer, 40:1-12, December 1964. O77
Criticism of the U.S. Supreme Court's opinion that the Court itself must weigh and decide the issues in obscenity cases; that it must decide whether material is obscene and according to the standards of the community, that is, the whole country. The authors believe the Court should "recogaize the jury as the authentic alter ego of the community, reflecting its morals and mores more truly than even the wisest of judges."
"An Ominous Sign of the Times." Outlook, 105:68-70, 13 September 1913. O78
Vulgar works exploiting sex are tolerated while great works of frank and moral vigor such as Anna Karenina and Scarlet Letter are banned.
"On Proceedings for Blasphemous Libel." Monthly Law Magazine, 9:144-56, 1840. O79
"On Protecting a Defendant Against the Creation of Prejudice." American Law Review, 30:597-601, July 1896. O80
Concerns the right to produce a play based upon the facts of a criminal case pending its trial. The Crime of the Century, by Durrant, based on the San Francisco murders of Blanche Lamont and Minnie Williams, was stopped by the police at the end of the first act, and the actors arrested for contempt of court.
[On the Law of Libel and The Law of Libel] Westminster Review, 3:285-321, April 1825. O81
Favorable reviews of Francis Place, On the Law of Libel, and Richard Mence, The Law of Libel, with further commentary by the reviewer. He concludes that if any freedom of discussion exists in England it is because it cannot be suppressed for fear of adverse public opinion.
On the Taxes on Knowledge. London, Robert Heward, 1821. 32p. (Reprinted from Westminster Review, July 1831) O82
One; The Homosexual Magazine. One & the U.S. Post Office . . . Los Angeles, One, Inc., 1957. 24p. O83 §
An account of the Los Angeles Post Office ban of the October 1954 issue of One on grounds of obscenity. The Federal District Court ruled the magazine nonmailable and the decision was upheld by the Ninth District Court of Appeals. The text of the latter is included. On 13 January 1958 the U.S. Supreme Court reversed the decision against One and took similar action on two nudist magazines.
"One Editor Missing." Time, 60(7):59-60, 18 August 1952. O84
Account of the dropping of Editor James A. Wechsler from a TV discussion at the request of the advertiser because the New York editor had become a "controversial" figure.
One Nation Indivisible. 61 min. b/w movie. New York, McGraw-Hill. (Part I of Constitution Series) O85
Includes a dramatization of the Alien and Sedition Acts.
O'Neill, James M. Catholicism and American Freedom. New York, Harper, 1952. 287p. O86
The book, by a Catholic layman, is a defense of American Catholics and an answer to Paul Blanshard's American Freedom and Catholic Power. Chapter 8 deals with "Catholic `Censorship.'"
-------. "Nonsense about Censorship." Catholic World, 187:347-55, August 1958. O87
The author "excoriates the nonsense about censorship found in recent books by Morris Ernst, Paul Blanshard, Kent Cooper, William Chenery and others." He considers the opinions of Justices Black and Douglas in the La Ronde and M cases of 1954 as "irresponsible utterance" on the moral issue. He also attacks Haight's Banned Books and McKeon, Merton, and Gellhorn's Freedom to Read.
--------. "Semantics and Responsibility." Catholic Library World, 24:5-10, October 1952. O88
The author's views on the relation of Catholics to censorship, with references to Paul Blanshard's books and the Supreme Court ruling on the film The Miracle. While defending the right of the Church to oppose and criticize a book or a film, he believes it is a mistake for Catholics to picket, boycott, or otherwise take action to prevent the work from being available to others.
-------. "Sense about Censorship." Catholic World, 187:257-63, July 1958. O89
Comments on Father Harold C. Gardiner's book, Catholic Viewpoint on Censorship, as "an especially reliable treatise on the aspects of censorship covered by Catholic doctrine and on the similarities between this body of doctrine and the basic concepts underlying the laws abridging freedom of speech and press in the United States under the federal and state constitutions."
O'Neill, William L. "The American as Moral Censor." Issue, 1(1):4-8, Winter 1963. O90 §
The formal moral censorship of the Victorian era, represented by Anthony Comstock, began to fade in the 1920's, "when it became impossible to enforce the standards of a single group upon the nation." The emergence of new racial and ethnic groups brought to an end the period of formal censorship, to be succeeded by informal control exerted through moral, social, and economic pressures. The Catholic Church is the leading practitioner of such pressures and has been most successful in mobilizing informal vigilante groups to discourage booksellers from distributing books of which the Church disapproves. The author fears that with the tendency toward cultural uniformity in America we will again face threats of formal censorship. Article based on the author's doctoral dissertation at the University of California, Berkeley.
"Open Meeting Statutes: The Press Fights for the `Right to Know.'" Harvard Law Review, 75:1199-1221, April 1962. O91 §
The article undertakes to "consider the arguments for and against open-meeting laws, to explore the statutory techniques adopted to accommodate conflicting considerations, to examine the reaction to these statutes of the press and of the officials to whom they apply, and to propose a model open-meeting statute adapted to resolving competing interests and considerations."
"Opinion on Obscene Books." Journal of Social Hygiene, 17:354-58, June 1931. O92
Text of Judge Woolsey's opinion on Dr. Marie Stopes's book, Married Love.
"Opinions on the Clean Books Bill." Publishers' Weekly, 103:1328-30, 28 April 1923. O93
Pros and cons on the proposed New York bill against immoral books. Includes quotations by Bliss Perry (pro) and New York newspaper editorials (con).
[Oppenheim, Jerry]. "Constitutional Law-Motion Picture Censorship-Pre-Exhibition Licensing." Brooklyn Law Review, 27:343-46, April 1961. O94
The U.S. Supreme Court held, in the case of Times Film Corporation v. City of Chicago (1961), that a censorship statute requiring submission of a motion pictures prior to its exhibition is not, of itself, void. The dissent, through Chief Justice Warren, although recognizing that different media present different problems, refuses to include licensing or prior censorship as an "exceptional case."
Oppenheimer, Walter O., Jr. "Television and the Right of Privacy." Journal of Broadcasting, 1:194-201, Spring 1957. O95
Based on the author's thesis at American University, 1956.
The Oracle of Reason: Or, Philosophy Vindicated. London, Various publishers, 1841-43. Weekly. (A bound edition of volume 1, 1841-42 issues, was published by Thomas Paterson in 1842; a bound edition of volume 2, 1843 issues, was published by William Chilton in 1843. Each volume containes an introduction and index) O96
This journal was begun in November 1841 by Charles Southwell and George J. Holyoake as an organ of atheistic thought and as a challenge to those who would suppress the freedom of the press. First, Editor Southwell was arrested and imprisoned on blasphemy charges; then Editor Holyoake went to jail for the same offense and was succeeded by Thomas Paterson and by George Adams who were, in turn, imprisoned and succeeded by William Chilton. The journal ceased publication with no. 103, in December 1843. Its columns were filled not only with attacks on organized religion but reports on the trials of the editors and other incidents of suppression of a free press. Accounts of the organization and activities of the Anti-Persecution Union also appear in The Oracle. The Union was organized to promote the right of free discussion and to help those prosecuted for atheist expression. Maltus Q. Ryall was the Secretary.
"Ordinance Forbidding Dissemination of Crime Comic Books to Children Held Violative of Free Press Liberties Inherent in Fourteenth Amendment." Univeristy of Pennsylvania Law Review, 108:747-53, March 1960. O97
Notes on the case, Katzen v. County of Los Angeles, 341 P. 2d 310 (Cal. 1959).
"Ordinance Prohibiting Distribution of Handbills Without Identification of Author Violates Fourteenth Amendment." Vanderbilt Law Review, 14:392-97, December 1960. O98
Talley v. California, 362 U.S. 60 (1960).
"Ordinance Requiring that Source of All Handbills Be Identified Held Unconstitutional." Columbia Law Review, 60:1173-79, December 1960. O99
The U.S. Supreme Court held, in the case of Talley v. California, 362 U.S. 60 (1960), that the broad Los Angeles ordinance prohibiting the distribution of any anonymous handbills in any place under any circumstances is void on its face as an unconstitutional interference with freedom of speech and press.
O'Reilly, W. Cresswell. "Film Censorship in Australia." Light, 168:14-15, January-February 1926. O100
The author is Australia's chief film censor.
Orians, G. Harrison. "Censure of Fiction in American Romances and Magazines, 1789-1810." PMLA, 52:195-214, 1937. O101
Deals largely with the widespread objection to novels and novel-reading. The author finds that (1) despite evidences of liberality, there was a considerable audience who considered novels as subversive to the highest moral principles, (2) the atmosphere of the period was a little frigid for the ambitious novelist, (3) novels were charged as being mawkish and melodramatic, (4) novels were read largely by females, and (5) as the novel became better established and addiction to novel-reading was noticeable, greater attention was given to its morality, ethics, and prudence, and the need to regulate any "over-indulgence."
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