remedies, divorce advertisement, and such matters.
Some newspapers have objected to it, but the right
of freedom of the press does not include the right
to the use of the mails, and the papers containing
the objectionable advertisements may constitutionally
be seized or denied delivery, just as convict-made
goods may be denied circulation in interstate commerce,
by act of Congress, not, of course, of the States.
Mr. Gompers, of the American Federation of Labor,
has complained that the injunction of their so-called
“unfair list” is an interference with
the freedom of the press, and I presume would claim
that an injunction against urging, or combining to
urge, by oral argument, the members of the various
unions throughout the country to boycott a certain
person, would be an interference with the right of
freedom of speech, and that therefore if the courts
did not so decide, the laws should be changed by statute.
This, also, would seem open to the objection of class
legislation if extended only to speech or publication
in industrial disputes. It should be noted, however,
that the broad principle of freedom of speech by all
persons and at all places is first adopted in the
American constitutions, freedom of speech in England
in its historical principles extending only to freedom
of speech in the House of Parliament, and the right
of assembly and petition at a public meeting; freedom
of the press, however, is the same constitutional
principle in both countries, but only extends to the
right to publish without previously obtaining the
consent of any censor or other authority, and the
person publishing still remains responsible for all
damages caused by such act. It is this part of
the law which Mr. Gompers would alter, or rather make
absolute; so that any notice or threat could be printed
and circulated even when a component act of a conspiracy.
By a recent act of Congress the right of freedom of
speech does not extend to anarchistic utterances,
or speeches or writings aimed against order, the established
government, and inciting to assassination or crime.
Such laws are barely constitutional as applied to
United States citizens. The unpopularity of the
alien and sedition laws under the administration of
John Adams will be remembered. Since their repeal,
no attempt at a law of government libel has been made;
very recently, however, where certain gentlemen, mostly
holding important government offices, were charged
with having made money out of the Panama Canal purchase,
the weight and influence of the administration was
given to the attempt to indict them and bring them
to the courts of the central government at Washington
for trial. This attempt, however, failed in the
courts, as, in the Wilkes case, it had failed more
than a century before at the bar of public opinion.