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"Obscene" Literature and Constitutional Law: A Forensic Defence of Freedom ...
Visualização completa - 1911
abridgment abuse according action actual American applied argument authority become believe censorship common conception conduct Congress consequences constitutional constructive conviction courts crime criminal criteria criticism dangerous decision defendant definition determine discussion doubt effect emotions English ethics evidence exercise existence expressed fact follows freedom freedom of speech guarantee guilt human idea ignorance injury intellectual interpretation judge judgment judicial jury justice knowledge legislative libel liberty limited literature mails matter means ment mere mind modesty moral nature necessary never objective obscene offense official opinion particular passed penal person possible postal present printed prohibited protect psychologic publish punish question reason regulation relation religion religious responsible result rule scientific seems sentiments sexual speak speech standards statement statute suppression things thought tion true truth unabridged utterance women write
Página 348 - Commentaries, remarks, that this law of Nature being coeval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force and all their validity and all their authority, mediately and immediately, from this original...
Página 226 - The liberty of the press is, indeed, essential to the nature of a free state ; but this consists in laying no previous restraints upon publications ; and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public : to forbid this is to destroy the freedom of the press : but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Página 221 - Since, therefore, the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity, than by reading all manner of tractates, and hearing all manner of reason ? And this is the benefit which may be had of books promiscuously read.
Página 94 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
Página 221 - I cannot praise a fugitive and cloistered virtue, unexercised and unbreathed, that never sallies out and sees her adversary, but slinks out of the race, where that immortal garland is to be run for not without dust and heat.
Página 55 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Página 173 - The free communication of thoughts and opinions is one of the invaluable rights of man: and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
Página 173 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Página 385 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.