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:</b> Abraham Lincoln, <i>Emancipation Proclamation by the President of the United States,</i> pamphlet, 1862. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b> Family papers of the Confederate Vice President Alexander Stephens & the persons who served him, 1866-1907. $25,000 to $35,000.
    <b>Swann Auction Galleries:</b> Autograph book with inscriptions by orators Moses Roper & Peter Williams, 1821-54. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Archive of letters, postcards, and greeting cards sent by Romare Bearden, 1949-87. $5,000 to $7,500.
    <b>Swann Auction Galleries:</b><br>E. Simms Campbell, <i>A Night-Club Map of Harlem,</i> in inaugural issue of Manhattan, 1933. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. $6,000 to $9,000.
    <b>Swann Auction Galleries:</b> Early German-American anti-slavery broadside, <i>Sclaven-Handel,</i> Philadelphia, 1794. $12,000 to $18,000.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b><br><i>The Black Panther: Black Community News Service,</i> 44 issues, San Francisco, 1967-1971. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b> Ernest Withers, <i>I Am A Man, Sanitation Workers Strike,</i> silver print, 1968. $5,000 to $7,500.
    <b>Swann Auction Galleries:</b> <i>March For Freedom Now!,</i> poster for the 1960 Republican Convention. $4,000 to $6,000.
  • <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Rackham (Arthur). The Old Hag Standing Outside a Cottage, original drawing, signed by the artist, [c.1909]. £10,000 to £15,000.
    <b>Chiswick Auctions, Mar. 31:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first printing, signed by the author, original pictorial wrappers, 1997. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Castiglione (Giuseppe, after). Twelve plates from <i>Twenty views of the European Palaces of the Yuanming yuan,</i> 1783-1786. £4,000 to £6,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Spanish Antiphonal.- Antiphonal manuscript, [Spain], ca. 1650. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Almanach de Gotha.- Almost complete run 1769 to 1945, 12mo & 8vo, Gotha, C.W. Ettinger [- Justus Perthes]. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Bible, Greek.- New Testament [Greek], Novum Iesu Christi D.N. testamentum, ex bibliotheca regia, 2 parts in one, Robert Estienne, Paris, 1550. £2,000 to £3,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Lithgow (William). <i>The Total Discourse of the rare Adventures… from Scotland, to the most famous kingdoms in Europe, Asia, and Affrica…,</i> woodcut illustrations, 4to, I. Oakes, 1640. £2,000 to £3,000.
    <b>Chiswick Auctions, Mar. 31:</b> Spanish Interest.-16th -18th Century. Large collection of letters related to prominent members of the Spanish court and clergymen,; v.s., late 16th-mid 18th century. £1,800 to £2,200.
    <b>Chiswick Auctions, Mar. 31:</b> Darwin (Charles). <i>The Descent of Man, and Selection in Relation to Sex,</i> 2 vol., FIRST EDITION, first issue8vo, John Murray, 1871. £1,500 to £2,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Loewy (Raymond) ARR. Mickey Mouse, original gouache and air brush illustration of Mickey Mouse, signed by artist., n.p. [1946]. £1,500 to £2,000.
    <b>Chiswick Auctions, Mar. 31:</b> Potter (Beatrix) & Sendak (Maurice). <i>The Tale of Peter Rabbit,</i> NUMBER 2 OF 250 SIGNED COPIES, WITH AN ORIGINAL DRAWING BY SENDAK, New York, 1995. £1,500 to £2,000.
    <b>Chiswick Auctions, Mar. 31:</b> Wolstenholm (Jonathan) ARR. Books on Books, original watercolor, signed and dated by the artist, 2005.
  • <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> MITCHELL, John (1711-1768). A Map of the British and French Dominions in North America. Copperplate engraving with original hand color. London, 1755. $250,000 to $350,000.
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Brown Pelican (Standing), Plate 251. Aquatint engraving with original hand color. London, 1827-1838. $175,000 to $225,000.
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Fish Hawk or Osprey, Plate 81. Aquatint engraving with original hand color. London: 1827-1838. $100,000 to $150,000.
    <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> GONZALES DE MENDOZA, Juan (1545 - 1618). <i>The Historie of the great and mightie kingdome of China…</i> London, 1588. $100,000 to $150,000.
    <b>Arader Galleries, Apr. 4:</b> VERBIEST, Ferdinand (1623-1688). [World Map] Kun-Yu Ch'uan-Tu. Engraved twelve sheet map with vertical sections joined to form six sheets. Korea, Seoul, c. 1860. $100,000 to $150,000.
    <b>Arader Galleries, Apr. 4:</b> SANGGI, Chong (1678-1752). Korean Atlas. Manuscript map on mulberry bark paper. C. 1750-1790. $100,000 to $150,000.
    <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Ivory-billed Woodpecker, Plate 66. Aquatint engraving with original hand color. London, 1827-1838. $80,000 to $120,000.
    <b>Arader Galleries, Apr. 4:</b> AKERMAN, Anders (1721-1778). & AKREL, Frederik (1779-1868). Pair of Celestial and Terrestrial Globes. Stockholm, c. 1800. 23 inch diameter, each. $60,000 to $100,000.
    <b>Arader Galleries, Apr. 4:</b> BENNETT, Lieut. William Pyt (d. in action, 1916). AN IMPORTANT AND APPARENTLY UNPUBLISHED SERIES OF GELATIN SILVER PHOTOGRAPHS OF LHASA AND TIBET TAKEN DURING THE CELEBRATED YOUNGHUSBAND MISSION OF 1904. $60,000 to $80,000

Article Search

Archived Articles

Ask Questions