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

  • <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Latin Book of Hours, around 1480.<br>Est: € 30,000
    <b>Ketterer Rare Books, July 6:</b><br>Northern journeys - Collection of around 120 works, 17th-19th century.
    <b>Ketterer Rare Books, July 6:</b><br>J. Joyce, <i>Ulysses,</i> 1922. Est: € 8,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Florilegium, <i>Fleurs du Printemps et de l‘Este,</i> around 1630. Est: € 35,000
    <b>Ketterer Rare Books, July 6:</b><br>T. R. Malthus, <i>An essay on the principle of population,</i> 1798. Est: € 60,000
    <b>Ketterer Rare Books, July 6:</b><br>E. Cerillo, <i>Dipinti murali di Pompei,</i> 1886. Est: € 2,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br><i>Bulla aurea,</i> 1485. Est: € 40,000
    <b>Ketterer Rare Books, July 6:</b><br>A. Verschaffelt, <i>Iconographie des Camellias,</i> 1848-60. Est: € 10,000
    <b>Ketterer Rare Books, July 6:</b><br>M. Duchamp & A. Breton, <i>Le surréalisme en 1947,</i> 1947.<br>Est: € 16,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>H. Schedel, <i>Liber chronicarum,</i> 1493.<br>Est: € 25,000
    <b>Ketterer Rare Books, July 6:</b><br>M. E. Chevreul, <i>De la loi du contraste simultané des couleurs,</i> 1839.<br>Est: € 5,000
    <b>Ketterer Rare Books, July 6:</b><br>F. Léger & P. Éluard, <i>Liberté j‘écris ton nom,</i> 1953. Est: € 15,000
  • <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>Great Blue Heron,</i> hand-colored aquatint and engraved plate, 1834. $40,000 to $60,000.
    <b>Swann Auction Galleries July 9:</b> Joshua Fry & Peter Jefferson, <i>A Map of the Most Inhabited Part of Virginia,</i> Dalrymple edition, 1755. $12,000 to $18,000.
    <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>The Birds of America,</i> sign & inscribed to Brantz Mayer, 1840-44. $18,000 to $22,000.
    <b>Swann Auction Galleries July 9:</b> Vincenzo Maria Coronelli & Jean Baptiste Nolin, Paris, 1688. $7,000 to $10,000.
    <b>Swann Auction Galleries July 9:</b> Henri Abraham Chatelain, <i>Atlas Historique,</i> 7 volumes, Amsterdam, 1705-1720. $15,000 to $20,000.
    <b>Swann Auction Galleries July 9:</b> Johann Baptist Homann, <i>Atlas Mapparum Geographicarum...,</i> Nuremberg, circa 1750s. $12,000 to $15,000.
    <b>Swann Auction Galleries July 9:</b> Lowell Mason, <i>Musical Exercises for Singing Schools,</i> Boston, 1838. $1,500 to $2,500.
    <b>Swann Auction Galleries July 9:</b> Alexander Wilson, <i>American Ornithology,</i> 9 volumes, Philadelphia, 1808-14. $6,000 to $9,000.
  • <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> Acted at the Dukes-Theatre. London: printed for William Cademan, 1673. $60,000 to $90,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> MUYBRIDGE, EADWEARD. Panorama of San Francisco, from California-St. Hill. [San Francisco:] Morse's Gallery, 1877. $15,000 to $25,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> BRUNUS ARETINUS, LEONARDUS. <i>De bello Italico adversus Gothos gesto.</i> Venice: Nicolas Jenson, 1471. $12,000 to $18,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HILL, JOHN. <i>Compleat Body of Gardening.</i> London: printed for T. Osborne; T. Trye; S. Crowder and Co.; and H. Woodgate, 1757. $10,000 to $15,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> GASPAR DE PORTOLA. Document Signed Twice ("Gaspar de Portola," & "M. Portola"), 29 pp, Puebla, Mexico, December 10, 1780. $8,000 to $12,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> VINGTIEME SIECLE. A complete set of the second series of <i>Vingtieme Siecle (XXe Siecle),</i> together with all fourteen special numbers. $8,000 to $12,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROOSEVELT, FRANKLIN DELANO. Autograph Letter Signed ("F.D.R.") as President, Washington, [1941], to Norman Davis, on White House stationery. $6,000 to $8,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HAYEK, FRIEDRICH AUGUST. Autograph Manuscript, "Discipline of Civilisation." $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ADAMS, HANNAH; ADAMS, THOMAS "BOOK". Daubuz, Charles. <i>A Perpetual Commentary On The Revelation Of St. John.</i> London: Printed for Benj. Tooke, 1720. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> EMPEROR NORTON. Photograph signed ("Norton I"), albumen print carte-de-visite. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROBERTS, DAVID. <i>Egypt and Nubia from Drawings Made on the Spot ... with Historical Descriptions by William Brockendon.</i> London: F.G. Moon, 1846-9. $4,000 to $6,000.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> Albert Einstein, typed letter signed, explaining the nature of his personal atheism and belief in God. $70,000 to $100,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington. Autograph letter signed to Bryan Fairfax, looking forward to the Treaty of Paris, 5 February 1783. $60,000 to $80,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Alfred Swaine Taylor. Early “photogenic drawing,” photograph of a fern, dated 2 December 1839. $10,000 to $15,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> "Departure of Mr. Lincoln—Parting Address" in the <i>Weekly Illinois State Journal,</i> Vol. XXX, No. 1541, Springfield, February 13, 1861. $4,000 to $6,000
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Harrison document signed certifying the service of Daniel Cumbo, a black Revolutionary soldier. $10,000 to $15,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Front page printing of the Articles of Confederation in the <i>New-Jersey Gazette,</i> Vol. 1, No. 22. Trenton, April 29, 1778. $4,000 to $6,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington Funeral Procession Broadside. Boston, January 6, 1800. $5,000 to $7,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Philippe Laroque, printed score for “The Heroe of New Orleans Battle.” Philadelphia, 1815. $3,000 to $5,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Report of the Battle of Queenston Heights, the first major battle in the War of 1812, in <i>Supplement to the Quebec Gazette,</i> 24th October 1812. $2,000 to $3,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> His Majesty's Most Gracious Speech to both Houses of Parliament, On Tuesday the Eighteenth Day of November, 1760. London, 1760. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Elegy on the Death of James Lawrence, Esq. late Commander of the U.S. Frigate Chesapeake. [Boston]: A. Bowen, 1813. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Lincoln's Commission as Major General, signed by John Hancock, 19 February 1777. $30,000 to $50,000.

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