Proposed Federal Group Libel Legislation: Staff Report to the Committee on the Judiciary, House of Representatives.Committee Print ... 88-1 ... February 19631963 - 23 strani |
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1st sess 61 Yale 69 Harv 87th Congress abridged bills Chaplinsky classes of speech clear and present Committee Congress constitutional protection constitutionally protected control of group conviction criminal libel defamatory discussion dissenting opinions due process clause EMANUEL CELLER ethnic groups Federal enactment proscribing Federal group libel Federal postal authority Federal proscription Federal statute fourteenth amendment free speech freedom of speech group defamation group libel enactment group libel law group libel legislation group libel statute H.J. Res Illinois group libel issue Justice Black Justice Brennan Justice Harlan Justice Jackson Law of Defamation libelous utterance limited mailing of group majority opinion Manual Enterprises matter Neiman-Marcus nonmailable note 53 Perlman and Ploscowe Post Office present danger prior restraint PROPOSED FEDERAL GROUP prosecution for group provision question race racial regulation Reisman religious restricting Roth scope scurrilous Stat supra note Supreme Court Tanenhaus tion United upholding validity Yale L.J.
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Stran 4 - These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that might be derived from them is clearly outweighed by the social interest in order and morality.
Stran 4 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.
Stran 18 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Stran 7 - Libelous utterances not being within the area of constitutionally protected speech, it is unnecessary, either for us or for the State courts, to consider the issues behind the phrase 'clear and present danger. ' Certainly no one would contend that obscene speech, for example, may be punished only upon a showing of such circumstances. Libel, as we have seen, is in the same class.
Stran 6 - But if an utterance directed at an individual may be the object of criminal sanctions, we cannot deny to a State power to punish the same utterance directed at a defined group, unless we can say that this is a wilful and purposeless restriction unrelated to the peace and well-being of the State.
Stran 6 - State any lithograph, moving picture, play, drama, or sketch, which publication or exhibition portrays depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion...
Stran 12 - Every obscene, lewd, lascivious, or filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character...
Stran 18 - In each case [courts] must ask whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.
Stran 6 - ... portrays depravity, criminality, unchastity, or lack of virtue of a class of citizens, of any race, color, creed or religion which said publication or exhibition exposes the citizens of any race, color, creed or religion to contempt, derision, or obloquy or which is productive of breach of the peace or riots.
Stran 4 - ... the ultimate good desired is better reached by free trade in ideas— that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried outy! That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment.