Book censorship

“ The only argument against a censorship is that it is extremely harmful to original literature of permanent value; and such an argument does not make any very powerful appeal to publishers. What most publishers want is to earn as much money as possible with as little fuss as possible. Again, the Authors' Society might kill the censorship conspiracy by declining to allow its members to sign any agreement with publishers which did not contain a clause forbidding the publisher to submit the book to the committee of hiring experts. ”

“ They may be tempted to misuse government in order to impose a value which they cannot persuade others to accept. But once we succumb to that temptation, we step onto a slippery slope where everyone’s freedom is at risk. Those who favor censorship should recall that one of the first books ever burned was the first English translation of the Bible. As President Eisenhower warned in 1953, “Don’t join the book burners...the right to say ideas, the right to record them, and the right to have them accessible to others is unquestioned — or this isn’t America.” ”

“ In some of the German states, the right is given for the lifetime of the author; in others, it is made perpetual, like any other property; but then the work may be printed with impunity in any of the other states in which a right has not been secured. In Germany and Italy, especially, authors are very poorly remunerated; and in Spain, the book trade has been so much oppressed by a merciless censorship, that authors are compelled to publish their works on their own account. ”

“ A five-to-four vote makes a book 'obscene.' The wrong is compounded when the issue, though closely balanced in the minds of sophisticated men, is resolved against freedom of expression and on the side of censorship. ”

“ Another evil of censorship is the ease with which the censor can erode liberty of expression. One stroke of the pen is all that is needed. Under a censor's regime the weights are cast against freedom. ”

“ What is of importance is that the editor of a paper like yours should appear to countenance the monstrous theory that the Government of a country should exercise a censorship over imaginative literature. This is a theory against which I, and all men of letters of my acquaintance, protest most strongly; and any critic who admits the reasonableness of such a theory shows at once that he is quite incapable of understanding what literature is, and what are the rights that literature possesses. ”

“ Yet it is still possible for an incorporated organization to waylay and imprison art: to exercise by accusation a censorship which impermanence makes no less dangerous. Until the difference between the liberty permitted to art and the license forbidden to the vulgar be clearly defined, it remains impossible for any artist to foreknow how fully he may describe and thereby interpret life as he sees it, or for the community to enjoy uninterrupted access to much of the best of ancient and modern literature. ”

“ Yet this is now our policy. We are exposed to all the dangers—dangers, I conceive, greatly over-rated—of a free Press; and at the same time we contrive to incur all the opprobrium of a censorship. It is universally allowed that the licensing system, as at present administered, does not keep any man who can buy a press from publishing the bitterest and most sarcastic reflections on any public measure, or any public functionary. Yet the very words 'license to print' have a sound hateful to the ears of Englishmen in every part of the globe. ”

“ The fear of the mixed audience is ever suspended above his head. No such fear threatens the publisher, who displays his wares to one man at a time. And for this very reason of the mixed audience; perpetually and perversely cited to the contrary by such as have no firm grasp of this matter, there is a greater necessity for a Censorship on Literature than for one on Plays. ”

“ In order to sanction a system of censorship I would have to say that 'no law' does not mean what it says, that 'no law' is qualified to mean 'some' laws. I cannot take that step.
In this Nation every writer, actor, or producer, no matter what medium of expression he may use, should be freed from the censor. ”

“ Now, the theatre is only another means of publication, like the press, like sculpture or lithography. The liberty of the theatre is, therefore, implicitly indited in the Charter with every other form of liberty of thought. The law adds fundamentally, 'The censorship can never be re-established.' Now, the text does not say the censorship of newspapers or of books, it says censorship in general, all censure, that of the theatres as well as of writings. ”

“ How absurd, how inadequate this all is we see from the existence of the Censorship on Drama.
Having observed that there is no reason whatever for the exemption of Literature, let us now turn to the case of Art. Every picture hung in a gallery, every statue placed on a pedestal, is exposed to the public stare of a mixed company. Why, then, have we no Censorship to protect us from the possibility of encountering works that bring blushes to the cheek of the young person? The reason cannot be that the proprietors of Galleries are more worthy of trust than the managers of Theatres ”

“ The first censorship of printed books appears to have been established in 1480, by Berthold, Archbishop of Mentz, who explained his reasons for taking this step in a mandate, wherein he complains of the abuse of the “divine art” of printing, whereby perverse men have turned that to the injury of mankind which was designed for their instruction. ”

“ Works of fiction to be placed under a censorship. Then the first thing will be to establish a censorship of Cthe writers of fiction, and let the censors receive any tale of fiction which is good, and reject the bad; and we will desire mothers and nurses to tell their children the authorised ones only. Let them fashion the mind with such tales, even more fondly than they mould the body with their hands ”

“ To say that he who is free to withhold at will the privilege of publication exercises a power of censorship prohibited by the Constitution, but that he who has unrestricted power to withdraw the privilege does not, would be to ignore history and deny the teachings of experience, as well as to perpetuate the evils at which the First Amendment was aimed. ”

“ If the present inquiry were sanctioned the press would be subjected to harassment that in practical effect might be as serious as censorship. A publisher, compelled to register with the federal government, would be subjected to vexatious inquiries. A requirement that a publisher disclose the identity of those who buy his books, pamphlets, or papers is indeed the beginning of surveillance of the press. True, no legal sanction is involved here. Congress has imposed no tax, established no board of censors, instituted no licensing system. ”

“ Put a case before them of supposed wrong, however preposterous and palpably false, and they will revel in it, print it with capital head-lines, and so capture the imagination of their sentimental, unthinking readers that these will no longer listen to the voice of reason or of truth. We are too proud—or perhaps not clever enough—to combat such barefaced propaganda; a strict censorship may be a crude weapon, but it is the only one at our command. ”

“ And perhaps the most effective way of bringing them to the notice of individuals is their distribution at the homes of the people. On this method of communication the ordinance imposes censorship, abuse of which engendered the struggle in England which eventuated in the establishment of the doctrine of the freedom of the press embodied in our Constitution. To require a censorship through license which makes impossible the free and unhampered distribution of pamphlets strikes at the very heart of the constitutional guarantees. ”

“ More dangerous, however, to art, than any popular craving for "human interest" or for the comfort of amorous voluptuousness, is the unpardonable stupidity of puritanical censorship. Such censorship, in its crass impertinence, assumes that its miserable and hypocritical negations represent that deep, fierce, terrible "imperative" uttered by the soul's primordial conscience. ”

“ But when you will admit the principle of censorship, the matter is a delicate one, of course. It would seem to me, for example, unwise to circulate freely books of medicine. As to fiction—or what publishers call "the general list" of books, I think an intelligent librarian should hesitate a long time before putting on his or her index expurgatorius any publications vouched for by the imprint of a reputable [Pg 91] publishing firm. For such books have actually passed a severe censorship before being put out. ”

“ Concededly the reckless disregard standard may permit recovery in fewer situations than would a rule that publishers must satisfy the standard of the reasonable man or the prudent publisher. But New York Times and succeeding cases have emphasized that the stake of the people in public business and the conduct of public officials is so great that neither the defense of truth nor the standard of ordinary care would protect against self-censorship and thus adequately implement First Amendment policies. ”

“ Still, with all this acceptance of ethics, the nature of the censorship has to be recognized—the true character of the censor is so often not taste or conscience in any clear condition, but an uninstructed agency of herd instinct, an institutional bully. In the censor as he appears in psycho-analytic literature there is something of the archaic, the irrational and the ritualistic—all just as likely to ask for decorum for themselves as is the thing in us which is against license and anarchy. ”

“ But let me make the point clear; for it is the crucial point in the discussion of the modern Pg 274Bookstall Censorship. A great deal may be said against setting up a censorship of literature. A great deal may be said in favor of a censorship. But if a censorship there must be, the censor should be deliberately chosen for his office, and, in exercising his power, should be directly responsible to the public conscience. If a censorship there must be, let the community choose a man whose qualifications have been weighed, a man in whose judgment it decides that it can rely. ”

“ It is not a sufficient answer to say that 'sacrilegious' is definite, because all subjects that in any way might be interpreted as offending the religious beliefs of any one of the 300 sects of the United States [55] are banned in New York. To allow such vague, undefinable powers of censorship to be exercised is bound to have stultifying consequences on the creative process of literature and art-for the films are derived largely from literature. ”

“ The statute not only operates to suppress the offending newspaper or periodical, but to put the publisher under an effective censorship. When a newspaper or periodical is found to be "malicious, scandalous, and defamatory," and is suppressed as such, resumption of publication is punishable as a contempt of court by fine or imprisonment. ”

“ Unlike a prosecution for obscenity, a censorship proceeding puts the initial burden on the exhibitor or distributor. Because the censor's business is to censor, there inheres the danger that he may well be less responsive than a court-part of an independent branch of government-to the constitutionally protected interests in free expression. ”

“ And it is always difficult to decide between the claims of an immediate good and the warnings of dangers that may lurk therein. But we universally acknowledge the duty of some censorship, by prohibiting the most openly tempting pictures, plays, and literature. ”

“ Every one who condemns the principle of censorship must also condemn the Lord Chamberlain’s control of the drama; but those who approve of the principle do not necessarily approve of the Lord Chamberlain being the Censor ex officio. ”

“ Doubtless any form of criminal obscenity statute applicable to a bookseller will induce some tendency to self-censorship and have some inhibitory effect on the dissemination of material not obscene, but we consider today only one which goes to the extent of eliminating all mental elements from the crime.
We have said: 'The fundamental freedoms of speech and press have contributed greatly to the development and well-being of our free society and are indispensable to its continued growth. Ceaseless vigilance is the watchword to prevent their erosion by Congress or by the States. ”

“ Our Legislators have laid down Censorship as the basic principle of Justice underlying the civic rights of dramatists. Then, let "Censorship for all" be their motto, and this country no longer be ridden and destroyed by free Institutions! Let them not only establish forthwith Censorships of Literature, Art, Science, and Religion, but also place themselves beneath the regimen with which they have calmly fettered Dramatic Authors. They cannot deem it becoming to their regard for justice, to their honour ”

“ It is the manner of use that should determine obscenity. It is the conduct of the individual that should be judged, not the quality of art or literature. To do otherwise is to impose a prior restraint and hence to violate the Constitution. Certainly in the absence of a prior judicial determination of illegal use, books, pictures and other objects of expression should not be destroyed. It savors too much of book burning. ”

“ I'll say this for Mudie; he doesn't force you to take particular books. You can always leave what you don't want. All these people who are (alleged to be) crying out for a censorship—they're merely idle! If they really want a censorship they ought to exercise it themselves. Robinson has a daughter, and he is shocked at the idea of her picking up a silly sham-erotic novel by a member of the aristocracy, or a first-rate beautiful thing by George Moore.... Am I then to be deprived of the chance of studying the inane psychology of the ruling classes or of enjoying the work of a great artist? ”

“ The modern state also, despite the great freedom granted to the press, cannot entirely forego its sense of responsibility. It restricts the freedom of the press by censorship, and by preventive measures often not less drastic than the censure itself, and it [pg 173] always regards the confiscation of particularly dangerous writings to be a matter of course. It puts under censure school-books, political posters, and theatrical plays, and does not tolerate any socialistic literature in the soldiers' barracks. ”