The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-12-26

that right for moment " for any
purpose. The sufficient power has for
hidden any ms ;rumentality OF IN
government II has instituted TO limit
or restrain this right except by the
fear OF the penalty, civil or criminal
which wait on abuse. Inc general
assembly can pass no law abridgins
the freedom OF speech or OF the
press: IL can only punish the licen
tious abuse OF that freedom Courts
of justice can only administer the
laws OF the state. and, OF course, can
do nothing by way OF judicial SEN
tence which the general assembly has
no power TO sanction.
What the constitution prohibits Is
not punishment of an abuse OF the
right OF free speech or/tae right of
free publication, but all attempts to
control In advance freespeaking or
free publication. The attempt 10 con-
troll in advance constitutes a censor
ship over freedom of the press and OF
speech. which 1t was the aim OF the
trainers OF our constitution TO pre-
vent.
AS expressed by Mr.. Justice Holmes
in Patterson VS. Colorado 205 L. s.,
asa:
The main purpose OF such consti-
tutional provision is to prevent all
such previous restraints upon publica-
ton as had been practiced by other
governments, and they do not pre-
vent the subsequent punishment of
such as may be deemed contrary TO
the public welfare. The
preliminary freedom extends as well
to the false as to the true, the sub.
sequent punishment may extend as
well to the true as to the false
1.-The decree restrained the defend
ants from printing. issuing, publish
ing or distributing through the mails.
CT In any other manner. any copies or
copy of the American Federattonist.
or any other printed or written news
paper, magazine, circular, letter or
other document or instrument whatsU.
ever, which shall contain or In any
manner refer to the name OF the corr
plainant, its business or its product In
the We Don't Patronize' or Unfair
list OF the defendants. or any OF them.
their agents, servants, attorneys, con
| federates. or other person or persons
COuJuHCllOH
them or which contains any reference
to the complainant. its business or
product In connection with the term
Unfair or with the We Don't PATIO
nize' list, or with any other phrase.
word or words OF similar import and
from publishing or otherwise circu.
lating, whether in writing or orally,
any statement, or notice. OF any kind
or character whatsoever, calling atten-
ton to the complainant's customers. or
OF dealers or tradesmen, or the public.
to any boycott against the complain.
ant. its business or It's product, or that
the same are. or were. OF have been
declared TO be Unfair
Since that decree became effective
the American Federationist has no,
published the name of the Bucks Stove
q Range company In the We DOM
Patronize' or Unfair list. There Yves
published IN the American Fedora
ZIONIST copy of the decree OF the
court. This Is assigned In the petition
ss one OF the acts in contempt OF court
30, too, is the writing Of editorials ir
which there was an express deciaimel
of lack Of confidence In the court, bu'
with the further assertion, in effect
that an order which attempts ~ pre-
vent O free discussion OF any order O.
O court after Il is made, is violativ,
Of q right guaranteed by the consti
tuition"
ION two or three occasions. bu
briefly, Mr. Gompcrs In public speech
expressed bis belief and that OF hi
associates that the order was toe
broad, and that II was their purpose q
test the matter fully In the courts.
1T II also claimed that the decree
was violated by the defendants by th,
publication OF what IL called an appsa
for funds 70 prosecute the case 90
leppssh headsd Ussppb Appsvt an ~