Free Speech and Its Limits

...There can United States declined to disturb...

...limited free speech, a civil right protected by the Con- The Constitution protects the individual in the enstitution...

...The law of California, which in this regard...

...They the claim made in her behalf that she did not know established a popular government which could survive this, was "past belief...

...The "right" of unlimited free speech and the theory of our constitutional system cannot both be maintained...

...Gitlow solemnly be no due process without a hearing, or an opporasserted, before the Chief City Magistrate of New tunity to be heard, and an adjudication by some auYork City, when he first appeared in court in answer thority having the power to decide...

...ordinarily intelligent upon all other subjects-who I am a bud to sudden blossom blown, has not the capacity to reason clearly upon the fun- Intoxicate, replete damentals of popular government, and persistently With fragrance most divinely not its own...

...of the law by the courts, and giving its irresistible sup- The American constitutional system is built around port to administrative officers who truly try to execute the principle, not created, but recognized and prothe mandate of the written law...

...Peace, like a song, tain propaganda had convinced him that the "ballot Envelopes me...

...We have, however, no Be in me and beneath me and above me ; other place for him...

...one cannot be inmethods of terrorism as a means of accomplishing a voked to destroy the other...

...public funds and the husbanding of the public resources, For the sake of the present discussion, I concede withthe framers of the Constitution intended that the press out reservation, that, under all ordinary circumstances, and the platform should forever remain sanctuaries it is unnecessary, even unwise, to enact them...

...changes in or abolition of the Constitution by the Speech is free in the United States...

...to manage and dispose of the clusion of the rule of force-the mind of the masses products of his toil...

...There is a dead-line beyond which no there no excuse or justification for the advocate of honest-minded, clear-thinking, patriotic American citiviolence and murder as a means of changing or abolish- zen ventures to push the claim for free speech...

...It is the question of right wholesome influence for the conscientious exposition alone with which we are concerned...

...We are reminded In ultimate joy upon this Lover's breast of Czolgosz who assassinated McKinley because cer- I come to rest...

...or on the proper relationship be- Ecstatically ! tween the citizen and his government...

...Recently the processes of the kind of liberty which flourishes in the land of amending the Constitution have been completed within Lenin and of Trotsky...

...In succinct phrase, tected by it, that man has the right to own property...

...With an or morals, and is as insulting to the intelligence as it abounding confidence in the desire of the average man is offensive to patriotism...

...What if I be a door, and sealed to all save Him, The brand of liberty which there finds official favor, Cunningly joined, guarded by flashing cherubim...

...Perhaps I am dew thirstily drunk up he should be treated as an unfortunate who cannot Out of dawn's lifted cup...

...This With the freedom of expression secured by the natural right is assumed, rather than expresssly deearly American champions of liberty certain groups clared...

...August 11, 1926 THE COMMONWEAL 341 FREE SPEECH AND ITS LIMITS By SVEINBJORN JOHNSON I T was the solemn determination of the founders of California said that the purposes of the organization our republic to strike down every barrier to com- to which she belonged "savored of treason" and that plete freedom of thought and expression...

...But no legal or moral right Beauteous as cedar and as cedar strong...

...Peace, like the night, No experiment in communism has been conducted Folds me in conscious, beautiful delight...

...There can be no right under the Miss Whitney says "nullifies" or abridges free speech free speech clause to take away that which is prounder the Constitution, prohibits membership in any tected under the clause providing that my property organization which teaches or advocates the use of shall not be taken without due process of law...

...necessary in the interest of the public at large...

...from men and women in high places in the fields of I am a child to sudden woman grown Who never yet has known art, of letters, and of education...

...and to advocate that it be substituted for the existing What if I be for the Lord God a wall, order in the United States...

...The con- Presently let this rapture in profounder rapture cease dition was met...

...Their slogan is "un- encroachment from any source...

...forces to the support joyment of the rights to life, liberty, and property...

...so long the stage where he believes speech is not free enough as the voter is free to cast a secret ballot, according here, I confess a regret that the practical treatment to his judgment, and the results of his balloting are for a somewhat analogous infatuation, prescribed by fairly canvassed and returned...

...Invasion so imperious, so complete, We may sympathize with the individual-more than Blindly and madly sweet...

...As a citizen, living it could not constitutionally be a crime in this country under the protection of the Constitution, I have a to urge others to overthrow the government by violent right to expect that these safeguards will be respected means...

...It is the undoubted Never has human love held me in tranquil thrall, right of every citizen to believe in the Russian system For not to human love does peace belong...

...No amount of "red" cant or line divides law and order from lawlessness and chaos...

...In the United States there is a A silver bulwark of wrought silence be, sympathetic and protective indulgence extended to My Father, since that I am come at length, educated imbecility in all its strange and startling Captive and free, manifestations...

...on a larger scale than in Russia...

...professorial casuistry can alter this fact...

...exists to urge a bloody uprising to attain this end...

...think straight upon questions of economic and gov- I am my own impotent, daring self, plunged in a sea ernmental theory...

...It is submitted that this claim and prosper only by possessing sufficient merit to with- is entirely beyond the power of justification in law stand the most violent sort of criticism...

...but not absopeaceable means provided therein...

...One or efls One Finding Peace the other must yield...

...That ing the government...

...The free speech extremist is entitled to no encouragement from any honest-minded, The secret of the King possesses me patriotic citizen...

...essential deficiencies he may be unable to form the Be infinitely mine to hold, to bound me ; evil intent which normally must be present in order Absorb, consume, encompass and confound me...

...and permit his powers of initiaof American voting citizens speaking through the bal- tive to develop to the utmost in the acquisition of lot, the greatest instrumentality devised by man for material things, without restraint except as may be the purpose of putting an end to violence...

...of Benjamin Gitlow, in New York, pardoned some time none of these may be taken from him without due ago by Governor Smith ; and of Miss Whitney, in Cali- process of law-that implies that his liberty shall not fornia, whose convictions, under criminal syndicalism be curtailed or his property taken except by due, or criminal anarchy acts, the Supreme Court of the orderly, and peaceable legal processes...

...for a free government, conducted by honest men, with I am not discussing the wisdom or the policy of sound business principles governing the expenditure of these criminal syndicalism or criminal anarchy laws...

...and it is made secure to the individual against are today wholly dissatisfied...

...Kipling, cannot be conveniently applied : "Make forum and public press are open to all advocates of him take and keep her, that's hell for them both...

...I am a door, a wall, a tower of passionate strength A short time ago certain denominations decided to Around which multitudinously throng Wild ecstacies, wild joys, unending blisses, open a Bible school at Leningrad...

...Because of O God, encompass me...

...no other person has any right superior to mine fied freedom of speech...

...so long as the public Mr...

...is not that for which the soldiers of Washington bled...

...thorities would not permit it except on the condition that one of the teachers be a Communist...

...The appellate courts of that it shall exist or perish according to the sober 342 THE COMMONWEAL August ii, 1926 judgment of -the majority...

...The Russian au- A God's caresses and a Father's kisses...

...These "unlawful acts of force and violence, or unlawful rights must be respected together...

...No normal person would seriously Into Your presence as one finding peace...

...they intended to ensure the rule of the mind to the ex- to control his labor...

...lacks the capacity or the inclination to estimate or analyze the qualities of his leader...

...runs afoul of the criminal syndicalism acts...

...change in industrial ownership, or control, or effect- The political philosophy underlying the republic is ing any political change...

...just so long is lutely free...

...When I meet one whose enfourteen months of their inception...

...think of prosecuting a man for being enamored of SISTER M. MADELEVA...

...So long as the thusiasm for Russia and her institutions has reached machinery of elections is clean and honest...

...But this from which the critic could speak his mind in criti- concession has no bearing upon the legal or moral cism or commendation of the servants who are tem- soundness of the claim that any citizen has a constiporarily entrusted with the duty to execute govern- tutional right to underwrite a movement for the overmental authority...

...Instead of arbitrary or irrespon- throw of the government by means other than those sible power, they established, or hoped to establish, provided in the fundamental law of the land...

...But he gets it, notwithstanding, Unutterably...

...That theory is to the charge on which he was later convicted, that essentially opposed to violence...

...And Miss Whitney said, according to press by my fellow citizens and maintained by my governdespatches, that the California law "practically nulli- ment...

...At large, he may become a O Father, love me, love me ! menace, not so much to the government as to the Tremendously be, sheep 'in human form who always follows, but who Strong God, my sea...

...There the rule of enlightened public opinion, making known is here-as always-a difference between what is right its will and purpose through legislation, exerting a and what is expedient...

...was no good," as he put it...

...to stamp conduct as criminal...

...They rallied their...