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II. If the law does not penalize doctrines aimed at subverting society, private violence will accomplish the protection of the majority's interests.
A. Maintenance of law is far preferable to private
1. History shows that where governments do
III. Freedom of opinion is only an ideal, expressed chiefly in the desires of suppressed classes, and cannot be realized completely in any society made up of conflicting classes, as are all societies today.
A. The dominant class is therefore justified in suppressing its opponents.
1. No real freedom of opinion exists in the midst of acute conflict.
Both sides will use any means to maintain their power and position. Governments will invariably back the established economic class as against its opponents, and will use its armed force or its power of prosecution in behalf of it.
The agitation for rights of full expression by the classes struggling for power is use
ful only to diminish the force used against them, and to align with it those elements outside the struggle who prefer orderly progress, even of a revolutionary character, to violence.
Such agitation does not commit the class resorting to it to the principle of freedom of opinion, and it may discard it upon achieving power until its ends have been served. (Note the Communist attitude in Russia and throughout the world).
Real freedom of opinion is possible only when class conflict has been abolished by revolutionary changes in the economic and political system, and the necessity for a strong centralized government based on force has disappeared.
5. The present libertarian attitude toward freedom of opinion is a product of past class struggles (as was the attitude of the forefathers who put the Bill of Rights into the Constitution) and now represents
An impotent and romantic idealism, or b. An unconscious preference for the present system of society as against any radical change.
(1) Where that attitude is based on
opposition to violence, it ignores the established violence of the existing order and is aimed primarily at the relatively little violence of the class striving for power.
As for the intolerances and repressions of opinion in other than the economic field, they represent either
a. An old class struggle (such as the religious conflicts of the middle ages),
b. Merely a reflex of the central economic struggle of the present (such as racial and religious issues made more acute by intolerance aroused in the major industrial conflict).
These references are given under the following heads: I. Bibliographies.
II. Historical and Philosophical Material.
III. Struggle of Minorities for Freedom of Expression. IV. The Law.
V. The Courts in Relation to Freedom of Expression. VI. Arbitrary Executive and Police Interference.
The material goes outside the scope of the topic fixed for the brief so as to include other aspects of freedom of opinion on which debates may be arranged. It is all related to the central theme of freedom of opinion vs. censorship.
The material on the affirmative side is far more voluminous than that on the negative, because it was produced in protests against repressions, while those in favor of repression wrote little in justification of their position. References on that side are marked with an "N" to distinguish them readily. Some of the general references also include material in support of restrictions by law on opinion.
No references to material out of print or difficult to secure are included. Most of it will be found in any well-stocked library.
American Civil Liberties Union.
List of pamphlets,
books, leaflets, on civil liberty. 100 Fifth Av. N.Y. New York Public Library. Bulletin. Vol. 27. No. 8. Section on liberty of the press. Ag. '23.
Schroeder, Theodore Albert. Free speech bibliography. The H. W. Wilson Co. N.Y. '22.
United States. Library of Congress. Division of Bibliography. List of references on freedom of the press and speech and censorship in time of war (with special reference to the European war). Ap. 20, '17. University debaters' annual; 1925-1926; ed. by E. M.
Phelps. Ch. IV. The H. W. Wilson Co. N.Y. '26. Report of debate, with briefs and bibliography. See also the Annuals for 1919-20 and 1923-24.
Other material can be found in the Debate index published by the Carnegie Library of Pittsburgh. 3d ed. pa. 30c. '19.
HISTORICAL AND PHILOSOPHICAL
A. Origins of Freedom of Expression
BOOKS, PAMPHLETS AND DOCUMENTS
Anderson, Frank Maloy. Enforcement of the Alien and sedition laws. In American historical association. report. '12. p. 125.
Buckle, Henry Thomas. History of civilization in England. Boni & Liveright. N.Y. '25.
Bury, John Bagnell. History of freedom of thought. First and last chapters. Henry Holt & Co. N.Y. '13.
Cobb, Sanford Hoadley.
Rise of religious liberty in
America. Macmillan. N.Y. '02.
Cooley, Thomas M. A treatise on the constitutional limitations. Little, Brown & Co. '83.
Draper, John William. History of the intellectual development of Europe. Harper. N.Y. '63.
Duniway, Clyde A. Development of the press in Massachusetts. Longmans, Green & Co. N.Y. '06. Extremely useful for colonial period.
Elliott, Jonathan. Debates. 2nd ed. Vol. 1. p. 359-75; Vol. II. p. 424, 511, 537; Vol. III. p. 411-15, 431, 551; Vol. IV. p. 159, 175, 209, 301-2. J. B. Lippincott Co. Phila. '36.