Rare Book Monthly

Articles - February - 2005 Issue

Comments based on a reading of Perilous Times by Geoffrey R. Stone

Perilous1

An examination of the first amendment in times of crisis.


By Bruce McKinney

The relationship between the law, leadership and circumstance is a complex one. Americans would like to believe that the constitution is a firm, yet flexible, document that, in the hands of the Supreme Court, is relentlessly reinterpreted to encompass possibilities the original framers could only have anticipated as principles. That the tide that ever carries the nation to higher levels of legal principles might also recede is a possibility ignored in the civics texts we waded through on our way to becoming educated. But recede it does and a book I've recently been reading brings home the fragile nature of our democracy through a review of those times when the legal authorities lost their way. The book is Perilous Times, [subtitled Free Speech in Wartime], by Geoffrey Stone. It is a cautionary tale that will not go down easy with folks that take a simple view of democracy.

It covers, in great detail, how free speech has been handled in the United States by legislators, legislatures, the executive and judicial branches in times of war and upheaval. More specifically it traces the evolution and development of the first amendment from a pale concept on paper at the nation's founding to the fundamental shield it is today. The first amendment guarantees every citizen the right to have an opinion and to express it without fear of legal reprisal. Ah, as if it was that simple.

Here is what the first amendment says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This assumes that the interpreters will be level headed and fair. When they are not the first amendment becomes an empty promise. The fundamental issue has been whether the President and/or the legislature, can in circumstances they deem appropriate suspend, reduce or revoke freedom of speech. In 1798 the Federalist controlled Congress passed and John Adams, a Federalist President, signed two laws: the Alien & Sedition Acts. The first law extended residency requirements for citizenship from 5 years to 14 thereby denying Thomas Jefferson and his Republican party the votes of a group that overwhelmingly supported them. The second gave the President the right to imprison or deport aliens suspected of activities posing a threat to the national government. Most controversial was the Sedition Act which was devised to silence Republican criticism of the Federalists. Its broad proscription of spoken or written criticism of the government, the Congress, or the President virtually nullified the First Amendment freedoms of speech and the press. Suspicion, as a basis for deportation or imprisonment, in time proved untenable because it denied the suspect the right to defend themselves.

Rare Book Monthly

  • <b>Swann Auction Galleries Mar 8:<br>Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries Mar 8:</b> Caius Julius Hyginus, <i>Poeticon Astronomicon,</i> first illustrated edition, Venice, 1482. $15,000 to $20,000.
    <b>Swann Auction Galleries Mar 8:</b> Giovanni Botero, <i>Le Relationi Universali... divise in Sette Parti</i>, Venice, 1618. $3,000 to $5,000.
    <b>Swann Auction Galleries Mar 8:</b> <i>L'Escole des Filles</i>, likely third edition of the first work of pornographic fiction in French, 1676. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar 8:<br>Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries Mar 8:</b> Illuminated Book of Hours in Latin on vellum, Flanders, early 16th century. $6,000 to $9,000.
    <b>Swann Auction Galleries Mar 8:</b> Johannes Regiomontanus, <i>Calendarium,</i> Venice, 1485. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar 8:</b> Pedro de Medina, <i>Libro d[e] gra[n]dezas y cosas memorables de España,</i> Alcalá de Henares, 1566. $3,000 to $5,000.
    <b>Swann Auction Galleries Mar 8:<br>Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries Mar 8:</b><br>Luis de Lucena, <i>Arte de Ajedres,</i> Salamanca, circa 1496-97. $10,000 to $15,000.
    <b>Swann Auction Galleries Mar 8:</b> Andrés Serrano, <i>Los Siete Principes de los Ángeles, válidos de Rey del Cielo,</i> Spain, 1707. $800 to $1,200.
    <b>Swann Auction Galleries Mar 8:</b> Johannes de Sacrobosco, <i>Sphaera mundi,</i> first illustrated edition, Venice, 1478. $15,000 to $20,000.
  • <b>Bonhams: Fine Books and Manuscripts. March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> BEETHOVEN, LUDWIG VAN. Autograph Manuscript sketch-leaf part of the score of the Scottish Songs, "Sunset" Op. 108 no 2. [Vienna, February 1818]. Inscribed by Alexander Wheelock Thayer. $80,000 to $120,000
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. $100,000 to $150,000
    <b>Bonhams, Mar. 9:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("Papa") to his son Hans Albert, discussing his involvement with the atomic bomb, September 2, 1945. $100,000 to $150,000
    <b>Bonhams: Fine Books and Manuscripts. March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> HAMILTON, ALEXANDER. Autograph Letter Signed, to Baron von Steuben, with extensive notes of Von Steuben's aide Benjamin Walker, June 12, 1780. $10,000 to $15,000
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. $200,000 to 300,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. $80,000 to $120,000
  • <b>Leland Little: Important Spring Auction. March 3, 2018</b>
    <b>Leland Little, Mar. 3:</b> Copper Printing Plate for "Marshall's Household Engraving of Washington." $500 to $1000
    <b>Leland Little, Mar. 3:</b> Important Documentary Painting Showing Baseball Great Ty Cobb in Cuba. $1,000 to $2,000
    <b>Leland Little, Mar. 3:</b> <i>Alcoholics Anonymous Comes of Age</i>, Inscribed by Bill Wilson. $500 to $1,000
    <b>Leland Little: Important Spring Auction. March 3, 2018</b>
    <b>Leland Little, Mar. 3:</b> Joan Miró (Spanish, 1893-1983), <i>Prise à l'hameçon.</i> $3,000 to $6,000
    <b>Leland Little, Mar. 3:</b> Maurice Dufrène (French, 1876-1955), <i>Rayon des Soieries</i>. $400 to $800
    <b>Leland Little, Mar. 3:</b> William Pope.L (American, b. 1955), <i>Intimacy Project</i>. $2,000 to $4,000
  • <b>Dominic Winter, March 9:</b> Collection of 131 Herbert Ponting gelatin silver contact prints of Antartica, £6000-8000
    <b>Dominic Winter, March 9:</b> One of several lots of Henri Cartier-Bresson gelatin silver prints, £200-300
    <b>Dominic Winter, March 9:</b> Vintage gelatin silver print of Diego Rivera by Leonard McCombe, £300-500
    <b>Dominic Winter, March 9:</b> Albumen print portrait by Julia Margaret Cameron of Sir John Herschel (April, 1867), £30,000-50,000
    <b>Dominic Winter, March 9:</b> Albumen print by Julia Margaret Cameron, Love, 1864 (from the Norman album), £1000-1500
    <b>Dominic Winter, March 9:</b> Albumen print by Lewis Carroll of Twyford School Eleven (Summer Term, 1859), £1000-1500
    <b>Dominic Winter, March 9:</b> Albumen print portrait by Lewis Carroll of Xie Kitchin as 'Dane' (Oxford, 1873), £500-800
    <b>Dominic Winter, March 9:</b> Calotype print (c1845) by Hill & Adamson of Lady Elizabeth (Rigby) Eastlake, £3000-4000
    <b>Dominic Winter, March 9:</b> Group of 12 waxed paper negatives of Scottish scenes by Thomas Keith, mid-1850s, £3000-5000
    <b>Dominic Winter, March 9:</b> One of 15 lots of Roger Fenton salt prints of his work in the Crimea, mid-1850s, £400-600
    <b>Dominic Winter, March 9:</b> Quarter plate ambrotype (c.1860s) with ethnographic portrait of a woman seated at a table, £400-600
    <b>Dominic Winter, March 9:</b> Rare whole plate thermoplastic union case of the Landing of Columbus (c.1858),part of the John Hannavy collection, £1500-2000
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>

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