Proposed Investigation of the Motion-picture Industry: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, Sixty-seventh Congress, Second Session, Pursuant to S. Res. 142 Directingan Investigation of the Alleged Political Activities of the Motion-picture Industry

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Seite 57 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter, when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press ; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Seite 56 - ... will entirely lose its force when it is shown (by a seasonable exertion of the laws) that the press can not be abused to any bad purpose without incurring a suitable punishment ; whereas it never can be used to any good one when under the control of an inspector. So true will it be found that to censure the licentiousness is to maintain the liberty of the press.
Seite 18 - It can not be put out of view that the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit, like other spectacles, not to be regarded, nor intended to be regarded by the Ohio Constitution, we think, as part of the press of the country, or as organs of public opinion.
Seite 62 - ... contrary to the letter and spirit of the Constitution of the United States. Many provisions of chapter 66, entitled " elections,
Seite 58 - Hamilton,) that the liberty of the press consists in the right to publish with impunity, truth with good motives, and for justifiable ends, whether it respects government, magistracy, or individuals.
Seite 18 - We immediately feel that the argument is wrong or strained which extends the guaranty of free opinion and speech to the multitudinous shows which are advertised on the billboards of our cities and towns...
Seite 56 - To subject the press to the restrictive power of a licenser, as was formerly done before, and since the Revolution, (of 1688,) is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Seite 56 - But to punish (as the law does at present) any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Seite 18 - Counsel have not shrunk from this extension of their contention and cite a case in this court where the title of drama was accorded to pantomime ; ' and such and other spectacles are said by counsel to be publications of ideas, satisfying the definition of the dictionaries, — that is, and we quote counsel, a means of making or announcing publicly something that otherwise might have remained private or unknown, — and this being peculiarly the purpose and effect of moving pictures they come directly,...
Seite 56 - ... of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty. Thus the will of individuals is still left free ; the abuse only of that free will is the object of legal punishment.

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