A BRILLIANT STUDY OF CIVIL LIBERTIES
Holmes, John Haynes
A Brilliant Study Of Civil Liberties OUR CIVIL LIBERTIES, by Osmond K. Fraenkel. The Viking Press. $3. Reviewed by John Haynes Holmes THE reviewer of this book has enjoyed for a period of years...
...Fraenkel as one of the most accomplished members of the American bar, a man learned in the law, of alert, keen, and able mind, and utterly devoted to the great ends of public justice...
...repression breeds martyrs, neurotics, and criminals—in short, the dictator type" (page 20...
...Then come valuable chapters on "Civil Liberties in War Time" and "Private Restraints on Freedom...
...The way is now clear for the more detailed and technical aspects of the general theme...
...A long chapter on "Freedom of Speech and of the Press" (pages 64-106)] covers everything from libel and obscenity to the radio and moving pictures...
...It is a book to be read first, and then placed on a table or nearby shelf for ready reference...
...This book is one of those works of literary art which satisfies alike the specialist for its authority and the general public for its interest...
...Fraenkel has offered indispensable service in counsel and in court...
...Even in cases where reasonable restraints are imposed on liberty, as in the famous Supreme Court decision that parents have no right to "make martyrs of their children," he hopes that "this sentence will not provide the spring-board for other attempts to restrict the right of parents to control the religious activities of their children" (page 63...
...Also, he is moved, and moves his readers, with genuine concern for the preservation of human liberties...
...For years he has placed his remarkable talents at the disposal, "without money and without price," of the great cause of freedom, and is entitled to recognition beyond anything he will ever claim or, alas, receive...
...Fraenkel makes clear in his fine chapter on "Religious Liberty" (pages 51-63...
...Fraenkel says, No—"only truth can fight falsehood...
...And of course the right to worship one's own God in one's own way, as Mr...
...This opening chapter is followed by a forthright discussion of the pressing question as to whether "civil liberties shall be denied to those who reject them...
...During this time he has learned to know and value Mr...
...For one thing, he never loses the sense of the dramatic, and feels always the great sweep of history...
...I should at once describe this book as a primer of civil liberties in America, were it not that this characterization would to most persons imply that the book was dull reading...
...Fraenkel opens his work with a discussion of "What are Civil Liberties," and concludes that this type of liberty "means protection against arbitrary outside domination, whether by an individual or by a group...
...It is remarkable how fascinating Mr...
...It implies the right to hold and express" one's own views, to join with one's fellows, to participate in group discussions, to receive fair trial when accused of crime" (page 8...
...The field is completely covered, even to "Some Unchartered Areas" which are of large importance for the future, and an important listing, of "authorities" which are mostly court decisions through the years...
...He is constantly aware that liberty is always in danger, and stirs us anew to "constant vigilance...
...Reviewed by John Haynes Holmes THE reviewer of this book has enjoyed for a period of years the high privilege of sitting with its author as a member of the Board of Directors of the American Civil Liberties Union...
...As a champion of civil rights, Mr...
...As a matter of fact, it is altogether delightful reading...
...Simple and clear in style, brilliantly conceived, carefully and intelligently composed, it is a little masterpiece of popular exposition...
...But Our Civil Liberties is a primer none the less in the sense that it is a compendium of information on the whole problem of civil liberties in this republic...
...Fraenkel has made a mass of information which is crowded with legal precedents, court decisions, and such intricate questions as due process, habeas corpus, bills of attainder, expost facto laws, and what not...
...And now he has written a book which takes top-rank in the growing literature of civil liberties...
...Fraenkel writes with admirable objectivity yet with stern conviction...
...One may consult these pages as one would consult a dictionary or encyclopaedia, with assurance that one will find a clear and accurate answer to the subject in question...
...Freedom of Assembly," "Searches and Seizures," "Trial by Jury," "Bail and Punishment," "Privileges and Immunities," "Suffrage," "Labor Problems," are some of the other topics discussed in a series of more than 20 separate chapters...
Vol. 8 • September 1944 • No. 39
