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>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>
  • <b>Swann Auction Galleries Apr 26:</b> Jacques-Émile Ruhlmann, wallpaper sample book, circa 1919. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Archive from a late office of the Breuer & Smith architectural team, New York, 1960-70s. $3,500 to $5,000.
    <b>Swann Auction Galleries Apr 26:</b> William Morris, <i>The Story of the Glittering Plain or the Land of Living Men,</i> illustrated by Walter Crane, Kelmscott Press, Hammersmith, 1894. $2,500 to $3,500.
    <b>Swann Auction Galleries Apr 26:</b> Gustave Doré, <i>La Sainte Bible selon la Vulgate,</i> Tours, 1866. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Gustav Klimt & Max Eisler, <i>Eine Nachlese,</i> complete set, Vienna, 1931. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b><br>Eric Allatini & Gerda Wegener, <i>Sur Talons Rouges,</i> with original watercolor by Wegener, Paris, 1929. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b><br>C.P. Cavafy, <i>Fourteen Poems,</i> illustrated & signed by David Hockney, London, 1966. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b> Jean Midolle, <i>Spécimen des Écritures Modernes...</i>, Strasbourg, 1834-35. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 26:</b><br>E.A. Seguy, <i>Floréal: Dessins & Coloris Nouveaux,</i> Paris, 1925. $3,000 to $4,000.
  • <b>Bonhams: Results from Fine Books and Manuscripts on 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. SOLD for $131,250
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. SOLD for $516,500
    <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. SOLD for $106,250
    <b>Bonhams: Results from Fine Books and Manuscripts on 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. SOLD for $16,250
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. SOLD for $275,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. SOLD for $118,750
  • <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Extremely Fine Copy of Fantasy Classic. Tolkien (J.R.R.) <i>The Hobbit, or There and Back Again,</i> L. (George Allen & Unwin Ltd. Museum Street) 1937. €20,000 to €30,000
    <b>Fonsie Mealy, May 2:</b> Incunabula. [Sirectus, Antonius] O’Fihely (Maurice)Abp. <i>Formalitates de Mente Doctoris Subtilis Scoti Nec Non Stephai Burlifer cum novis additionibus…</i> Venice 14th December 1051 (ie. 1501). €3,000 to €4,000
    <b>Fonsie Mealy, May 2:</b> Original Book Illustrations by Pamela Leonard. Illustrations: Regan (Peter) Touchstone, 8vo D. (Mount Salas Press) 1989. €3,500 to €4,500
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> [Petit (Jean), Prevel (Jean) & Gregory (Pope)] [Gregorius]. <i>Compendium Textuale Compillationis decretalium Gregorri noni sine qua…</i>, Paris [Dec. 1524]. €350 to €500
    <b>Fonsie Mealy, May 2:</b> Excessively Rare – V. Fine Copy. [Mac Mahon]. <i>Jus Primatiale Armacanum, In Omnes Archiepiscopos, Episcopos, et Universum Clerum</i>… [n.p.] 1728. €750 to €1,000
    <b>Fonsie Mealy, May 2:</b> Madden (R.R.). <i>Travels in Turkey, Egypt, Nubia and Palestine in 1824, 1825, 1826 and 1827,</i> 2 vols. 1822. €500 to €700
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Early English Herbal. Gerarde (John). The Herball or General History of Plants, thick folio L. (John Norton) 1597. €700 to €1,000
    <b>Fonsie Mealy, May 2:</b> The Tehran World War 2 Conference Photograph: [Tehran Conference 1943] An important and iconic Group Photograph showing Churchill, Roosevelt and Stalin. €80 to €120
    <b>Fonsie Mealy, May 2:</b> Natural History Specimens from Jersey Jersey Islands: Westacton [Mrs Acton] Collection of 53 original dried examples of Seaweed collected in Jersey, c. 1860. €300 to €400
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Plyglot Bible: Hutteri (Eliae). <i>Biblia Sacra, Ebraice, Chaldaice, Graece, Latinae, Germanice, Sclavonice.</i> Lg. folio Nurimberg 1599. €250 to €350
    <b>Fonsie Mealy, May 2:</b> The American Invasion 1888: “First Ever G.A.A. Hurling Match in America” Medal: G.A.A., The Invaders, 1888. €2,000 to €3,000
    <b>Fonsie Mealy, May 2:</b> “Babe” Ruth and the G.A.A. G.A.A. & Baseball: A unique and early Sporting Association. An original Spalding B12 Baseball Bat. €4,000 to €6,000

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