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, May 12:</b> <i>Westvaco–Inspirations for Printers,</i> 3 volumes, 1938-61. $200 to $300.
    <b>Swann Auction Galleries, May 12:</b> Proef van Letteren, <i>Welk gegooten worden in de Nieuwe Haerlemsche Lettergietery,</i> 1768. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Paul Klee, <i>Bauhaus Ausstellung Juli – Sept.,</i> Weimar, 1923. $4,000 to $6,000.
    <b>Swann Auction Galleries, May 12:</b> Michel Seuphor & Jozef Peeters, <i>Het Overzicht Nos.</i> 22-23-24, Antwerp, 1922. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Wolfrum & Co., <i>Modern Graphik, Serie I…,</i> complete portfolio, 1909. $1,200 to $1,800.
    <b>Swann Auction Galleries, May 12:</b> <i>Gravure et Fonderie deC. Derriey: Specimen-Album,</i> Paris, 1862. $5,000 to $7,500.
  • <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Mary Anning. Autograph letter signed, to William Buckland, 24 November 1834. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Bolyai. <i>Scientiam spatii absolute veram exhibens,</i> Maros Vásárhelyi, 1832-1833, 2 volumes, half calf. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Vesalius.<br><i>De humani corporis fabrica,</i> Basel, 1555, modern crushed burgundy morocco. £15,000 to £20,000.
    <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Copernicus.<br><i>De revolutionibus orbium coelestium,</i> Nuremberg, 1543, later boards, Rostock duplicate. £70,000 to £100,000.
    <b>Sotheby’s, 15-25 May:</b> Payan-Dumoulin. Profusely illustrated manuscript of fossils, France, c.1875-1979. £15,000 to £20,000.
    <b>Sotheby’s, 15-25 May:</b> Albert Einstein. Autograph letter signed, to his son Albert, 4 November [1915]. £10,000 to £15,000.
  • <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Alken (Henry), after. Salmon Fishing; Fishing in a Punt; Pike Fishing, three works, 1820. £600 to £800.
    <b>Forum Auctions, May 20:</b> Early Images of Angling.- Hollar (Wenceslaus) Angling; River Fishing; and Salmon Fishing, after Francis Barlow, 3 engravings, [c. 1671]. £500 to £700.
    <b>Forum Auctions, May 20:</b> Rolfe (Henry Leonidas). <i>Studies of Fresh Water Fish,</i> 1851. £500 to £700.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Morland (George), After. A Party Angling; The Anglers' Repast, a pair, mezzotints, 1789. £400 to £600.
    <b>Forum Auctions, May 20:</b> Pollard (James), After. Bottom Fishing; Anglers Packing Up, etchings with aquatint, 1831. £400 to £600.
    <b>Forum Auctions, May 20:</b> Angling's Age of Romance.- Sayer (Robert, publisher) & J. Bennett. The Angelic Angler, mezzotint, 1781; and another. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Fishing Satire.- London.- Roberts (Piercy). Patience at Paddington or angling in the Junction Canal, etching after Woodward, 1807; together with Woodward's 'Angling at Sadler's Wells', and another, 1794. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Satire - Cats Fishing.- Seymour (Robert). Waltonizing or - Green-land Fisherman, [c. 1830s]; together with 3 lithographs of cats fishing, [c. 1830s]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Portraits.- Zoffany (Johan), After. Master James Sayer, at the age of 13, mezzotint by Richard Houston, 1772. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Wilkinson (Norman). Come to Britain for Fishing, lithographic poster, [c. 1947]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Scottish Fishing.- Heath (William). Sporting in the Scottish Isles no. III. Salmon Fishing, 1835; and another. £150 to £200.
    <b>Forum Auctions, May 20:</b> Simpson (Joseph). The Border Angler, drypoint, [c. 1927]. £150 to £200.

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