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Reflections on Professor Chafee's Freedom of Speech in America
Published online by Cambridge University Press: 16 January 2009
Extract
Though Professor Chafee is best known in this country as an equity lawyer, he has won eminence in the United states as an upholder of civil liberties. His book on Freedom of Speech, which was published in 1920, vigorously denounced the use of war legislation to curb the expression of unpopular left-wing views, and he followed this up in 1928 with a collection of interesting essays called The Inquiring Mind. With two associates he prepared the famous Report on Lawlessness in Law Enforcement for the Wickersham Commission, and in 1932 the Mooney-Billings Report, which is recognized as an authoritative statement of the facts in that cause célèbre. Of the present work he says in the preface: ‘What I have done is to fuse in this book all my ideas past and present on freedom of speech.’
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- Copyright © Cambridge Law Journal and Contributors 1943
References
1 Free Speech in the United States, Cambridge. Mass.: Harvard University Press, 1941, xiv and 634 pp., $4Google Scholar; London: Humphrey Milford, Oxford University Press, 22s. 6d. All references in these footnotes are to this book unless otherwise stated.
2 P. 232.
3 P. 513.
4 P. 484.
5 [1938] 2 K. B. 454.
6 See Deb, H. C.. (5th Series), v. 353, col. 786.Google Scholar
7 2 & 3 Geo. VI, c. 121 (23 12 1939).Google Scholar
8 6 Cambridge Law Journal, 161 (1937).Google Scholar
9 See Deb, H. C.. (5th Series), v. 345, col. 2792 ff.Google Scholar and 3088 ff. Twenty-eight such notices were issued in the six months preceding April 19th, 1939: id., v. 346, col. 338.Google Scholar
10 P. 8.
11 Pp. 31–32.
12 [1942] 1 A. C. 206. See 58 Law Quarterly Review, 1 (Sir William Holdsworth), 3 (Professor Goodhart), 232 (Mr. C. K. Allen), and 243 (Professor Goodhart) (1942); 5 Modern Law Review, 162 (Professor Keeton) (1942).
13 Cf. the remarks of Humphreys, J. in The Times, 19 01 1943.Google Scholar
14 21 Jan. 1941; see Deb, H. C.. (5th Series), v. 368, col. 463Google Scholar. The ban was withdrawn in the summer of 1942.
15 Id., v. 378, col. 1665.Google Scholar
16 Italics supplied.
17 National Council for Civil Liberties, Monthly Bulletin, 09, 1940.Google Scholar
18 P. 564.
19 See his article, ‘Was Low Right?’, Evening Standard, 15.1.43.Google Scholar
20 [1923] 2 K. B. at p. 382.
21 Pp. 527–528; italics supplied.