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Reflections on Professor Chafee's Freedom of Speech in America

  • D. W. Logan

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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1 Free Speech in the United States, Cambridge. Mass.: Harvard University Press, 1941, xiv and 634 pp., $4; 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.

7 2 & 3 Geo. VI, c. 121 (23 12 1939).

8 6 Cambridge Law Journal, 161 (1937).

9 See Deb, H. C.. (5th Series), v. 345, col. 2792 ff. and 3088 ff. Twenty-eight such notices were issued in the six months preceding April 19th, 1939: id., v. 346, col. 338.

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.

14 21 Jan. 1941; see Deb, H. C.. (5th Series), v. 368, col. 463. The ban was withdrawn in the summer of 1942.

15 Id., v. 378, col. 1665.

16 Italics supplied.

17 National Council for Civil Liberties, Monthly Bulletin, 09, 1940.

18 P. 564.

19 See his article, ‘Was Low Right?’, Evening Standard, 15.1.43.

20 [1923] 2 K. B. at p. 382.

21 Pp. 527–528; italics supplied.

Reflections on Professor Chafee's Freedom of Speech in America

  • D. W. Logan

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