• <b>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."
  • <b>Sotheby's NY May 25.</b> Thomas Lynch, Jr., Signer of the Declaration from South Carolina: Document signed in full ("Thomas Lynch Junr").
    <b>Sotheby's NY May 25.</b> Thomas Jefferson, letter signed as Secretary of State. ("TH: JEFFERSON").
    <b>Sotheby's NY May 25.</b> Thomas Jefferson, the first U.S. Naturalization Act, signed as Secretary of State.
    <b>Sotheby's NY May 25.</b> Miniature edition of the Emancipation Proclamation printed for distribution to Union troops.
    <b>Sotheby's NY May 25.</b> General George Meade’s statement on the victory at Gettysburg, printed on the battlefield. July 4, 1863.
    <b>Sotheby's NY May 25.</b> Abraham Lincoln, letter signed, seeking the counsel of Navy Secretary Welles on the appropriate response to the Fort Pillow Massacre.
  • <b>Skinner Fine Books & Manuscripts <i>online</i> | May 18-26 | skinnerinc.com</b>
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1051: Keller, Helen (1880-1968) Autograph Letter Signed and Cabinet Card, est. $3,000-5,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1108: Washington, George (1732-1799) Military Discharge Signed, Headquarters, Newburgh, New York, 7 June 1783, est. $7,000-9,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1131: Bayes, Jessie (1876-1970) Illuminated Manuscript, <i>Six Poems from Gitanjali by Rabindranath Tagore</i>. London, 1917, est. $15,000-17,000
    <b>Skinner Fine Books & Manuscripts <i>online</i> | May 18-26 | skinnerinc.com</b>
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1144: Darwin, Charles (1809-1882) <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: Murray, 1859, est. $60,000-80,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1170: Fossati, Giorgio (1706-1778) <i>Raccolta di Varie Favole Delineate, ed Incise in Rame</i>. Venice: Carlo Pecora, 1744, est. $5,000-7,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1224: Nielsen, Kay (1886-1957) <i>East of the Sun and West of the Moon, Old Tales from the North</i>. London: Hodder & Stoughton, 1914,<br> est. $5,000-7,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1284: Audubon, John James (1785-1851) <i>American Flamingo</i>. [from] <i>The Birds of America</i>, New York: Bien, 1860, est. $10,000-15,000
  • <b>Seth Kaller:</b> Leaves from<br>George Washington's Own Draft <br>of His first Inaugural Address. An Extraordinary Rarity!
    <b>Seth Kaller:</b> Declaration of Independence: Benjamin Tyler 1818 - First Print with Facsimile Signatures.
    <b>Seth Kaller:</b> Thomas Jefferson Signed Act of Contress Authorizing Alexander Hamilton to Complete Famous Portland Maine Lighthouse.
    <b>Seth Kaller:</b> Emanuel Leutze. Silk Flag Banner designed by Leutze, created by Tiffany & Co., and presented to Gen. John A. Dix, 1864.
    <b>Seth Kaller:</b> The "greatest of early American maps … a masterpiece" (Corcoran). Thomas Holme.
    <b>Seth Kaller:</b> Lincoln Summons His Cabinet for a Historic Meeting to Discuss Compensated Emancipation.
    <b>Seth Kaller:</b> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <b>Seth Kaller:</b> Normal Rockwell. Painting/Drawing Signed. Rockwell's "Barbeshop Quartet", 1936.
    <b>Seth Kaller:</b> Frederick Douglass. Autograph Letter Signed to unknown correspondent. Washington, D.C.
    <b>Seth Kaller:</b> Harry Truman. Autograph Manuscript Notebook for Kansas City Law School Night Class.
    <b>Seth Kaller:</b> Robert E. Lee. Autograph Letter Signed, June 11, 1782. Hours after the Battle of Culpeper Court House, Lee Escapes Again.
    <b>Seth Kaller:</b> George Washington. Letter Signed, as Commander-in-Chief, Continental Army, to Elias Dayton, Headquarters, [Newburgh, N.Y.], June 11, 1782.

Rare Book Monthly

Articles - November - 2013 Issue

Free Speech in the Electronic World

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Facebook's thumbs-up “Like” symbol.

The world of books and printed matter has been at the heart of America's First Amendment free speech rights as long as there has been a First Amendment. Those who have opposed the words that were written have often tried to shut down the presses, burn the books, imprison the writers. Censorship must be as old as writing. The First Amendment has been a bulwark in protecting Americans' free speech, and if on occasion we have been a bit too loose with our protections, particularly in areas such as “obscenity,” our protection of political speech has been strong. In many countries, disagreement with political leaders is quickly silenced.

 

However, times change, and now we are living in an electronic world. Millions of words are electronically “spoken” every few minutes if not seconds. Sadly, thoughts are often truncated in the electronic world, thoughtful essays replaced with a few words typed with little consideration arising between brain and fingers. Twitter, one of the most popular forms of communication today, limits its messages to 140 characters. If America's founders had been required to relay the Declaration of Independence to the people on Twitter, it would have read as follows: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with anoth...” It would not have had quite the same impact as the document they produced.

 

A free speech challenge recently arose from a campaign for Sheriff of Hampton County, Virginia. The amount of speech involved made even Twitter look like War and Peace. The original trial court and first appeals court must have thought the “speech” so trivial as to be irrelevant to First Amendment consideration. The United States Court of Appeals for the Fourth Circuit disagreed. I don't know whether this exactly constitutes a landmark decision, but in the opinion of this writer, it was a correct one. It certainly protected the free speech rights of those with few words to say.

 

A suit was brought in Virginia by several employees of the Hampton County Sheriff, or to be more accurate, former employees of the Hampton County Sheriff. They were fired. There were, naturally enough, different explanations given as to why they were let go, but the important part of this case revolves around whether the free speech claim raised by the ex-employees, if true, was a legitimate constitutional grounds to contest their firing. Their claim was that they were fired for postings on Facebook. Their postings weren't even words. They were simply clicks on a Facebook “Like” button. What they liked was the Sheriff's election opponent. The Sheriff did not like what they did.

 

Facebook is something we need not describe. It is one of those rare electronic things that even old people recognize. The Court dutifully tells us “Facebook is an online social network where members develop web profiles to interact and share information with other members,” but you knew that. However, the former employees never wrote out their praises of the Sheriff's opponent, they simply clicked the thumbs-up “Like” button. It said they liked the Sheriff's opponent's web page, implying they liked the Sheriff's opponent too, likely more than they liked the Sheriff, their employer (or ex-employer) himself. After the election, they moved from status of employees to former employees, and they concluded their implied support of the Sheriff's opponent (who lost to the Sheriff) was the reason they lost their jobs.

 

The Court of Appeals ruled that expressing their approval of a political candidate by clicking his Facebook “Like” button constituted protected free speech within the meaning of the First Amendment. The Court wrote, “Once one understands the nature of what Carter did by liking the Campaign Page, it becomes apparent that his conduct qualifies as speech. On the most basic level, clicking on the “like” button literally causes to be published the statement that the User “likes” something, which is itself a substantive statement. In the context of a political campaign’s Facebook page, the meaning that the user approves of the candidacy whose page is being liked is unmistakable.” The Court then goes on to address the seemingly minor, non-speaking aspect of clicking a “Like” button by noting, “That a user may use a single mouse click to produce that message that he likes the page instead of typing the same message with several individual key strokes is of no constitutional significance.” The Court likened a Facebook “Like” to a political sign on your front lawn, already recognized by the Supreme Court as protected free speech.

 

Most free speech advocates will undoubtedly see this as an important, rather than trivial decision. I, for one, certainly “like” it.

Rare Book Monthly

  • <b>Bonhams Fine Books and Manuscripts, 8 June 2016, New York</b>
    <b>Bonhams June 8:</b> Lot 1. ARISTOTLE. 384-322 B.C.E. De animalibus [De historia animalium. De partibus animalium. De generatione animalium.] US$ 300,000-500,000.
    <b>Bonhams June 8:</b> Lot 44. ARIOSTO, LUDOVICO. 1474-1533. Orlando Furioso in English Heroical Verse, by John Haringto[n]. [London: Richard Field, 1591.] US$ 70,000-90,000.
    <b>Bonhams June 8:</b> Lot 183. HARRISON, William Henry. Document Signed AS PRESIDENT ("W.H. Harrison"). US$ 40,000-60,000.
    <b>Bonhams June 8:</b> Lot 116. <br>ALI, MUHAMMAD. B.1942. U.S. Passport Signed ("Muhammad Ali") Twice, [Dublin, July 19, 1972].<br>US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 52. Bible In English. [Mearne, Samuel, binder.] The Holy Bible containing the bookes of the Old & New Testament. US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 130. EARHART, Amelia. 1897-1937. Archive of material on the purchase and outfitting of Earhart's Lockheed Electra 10e. US$ 15,000-20,000.
    <b>Bonhams June 8:</b> Lot 85. BURTON, Virginia Lee. 1909-1968. The Little House. Boston: Houghton Mifflin, 1942. US$ 15,000-20,000.
    <b>Bonhams London June 15.</b> Lot 68. CAMERON (Julia Margaret) Kate Keown [No. 5 Of Series of Twelve Lifesized Heads], [1866]. <br>£30,000-50,000.
    <b>Bonhams London June 15.</b> Lot 98. Karl Marx. Das Kapital. Kritik der politischen Oekonomie... Erster Band, FIRST EDITION, 1867.<br>£80,000-120,000.
    <b>Bonhams London June 15.</b> Lot 111. Isaac Newton Autograph manuscript, in English, headed "The Question stated about abstaining from blood". £50,000-70,000.
    <b>Bonhams London June 15.</b> Lot 112. Nobel Prize for discovering isotopes in stable elements, awarded to F.W. Aston in 1922. £200,000-400,000.
    <b>Bonhams London June 15.</b> Lot 140. Kay Nielsen (Prince Bismarck discovering the soldier), 1913. £15,000-20,000.
  • <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b> Isaak de Graaf, manuscript map of Java, ink & watercolor on vellum, 1743. $180,000 to $220,000.
    <b>Swann Auction Galleries May 26:</b> Maria Sibylla Merian, <i>Histoire générale des insectes de Surinam</i>,<br>72 hand-colored plates, Paris, 1771. $60,000 to $90,000.
    <b>Swann Auction Galleries May 26:</b> James Gillray, <i>The Plumb-pudding<br>in danger</i>, hand-colored etching, London, 1805. $8,000 to $12,000.
    <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b> Visscher, Composite atlas with 73 maps in original hand-color in full, Amsterdam, after 1716.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries May 26:</b> Mahmud Raif Efendi, <i>Cedid atlas tercümesi</i>, 25 hand-colored maps, Istanbul, 1803-1804.<br>$40,000 to $60,000.
    <b>Swann Auction Galleries May 26:</b> John James Audubon, <i>The Birds of America</i>, 7 volumes, 1839-44. $30,000 to $50,000.
    <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b><br>A.B. Frost, <i>Shooting Pictures</i>, 12 chromolithographs, New York, 1895. $4,000 to $6,000.
    <b>Swann Auction Galleries May 26:</b> John Senex, <i>A New General Atlas</i>,<br>33 engraved maps & town plans, London, 1721. $10,000 to $15,000.
    <b>Swann Auction Galleries May 26:</b> Elihu Barker & Mathew Carey, <i>A Map of Kentucky from Actual Survey</i>, Philadelphia, circa 1794.<br>$10,000 to $15,000.
  • Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies</i>, Edited by John Heminger (D. 1630) and Henry Condell<br>(D. 1627). £800,000–£1,200,000
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies.</i> The Second Impression. £180,000–£250,000
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies. </i>The Third Impression. £300,000–£400,000.
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies. </i> The Fourth Edition. £15,000–£20,000

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