The Detroit times., 1915-01-04
SHOULDKTSPEAK
JUST WHAT Is
PLEASING TO YOU
C4hcial Cites Decisions in Typi-
cal Cases to Show State Has
Right to Restrain You
CASE OF BOUCK WHITE
is USED IN ILLUSTRATION
Court of Appeals Quoted in Case
of Woman Who Disturbed
Mr.. Wilson's Meeting


civic Federation. which. through a
committee of prominent men headed
by Alton b. Parker. has been inyesti
eating the question Of free speech, has
made public preliminary report by
Roland p. Falkner, director OF its In,
dustrial economics department the
report OF the committee will be mace
soon.
Mr.. Falkner's statement indicates
that the committees findings Will De
against the free speech which tends 10
create disorder or TO interfere Win
the rights and privileges OF others. i.
Mr.. Fallner says a consideration OF
many typical cases tends TO dispei tne
popular notion that person has
right to express his opinion at any
time or place or under any circum-
stances. He quotes from Judge Story
Commentaries on the Constitution;
THAT the First Amendment was In
tended TO secure 10 every citizen an
absolute right TO speak or write or
print whatever he might please, with
out any responsibility, public or prl-
yate, therefor, Is a supposition TOO
wild to be INDUCED In by any ratlonai
man"
Tho report reviews many cases m
which an outcry has been made that
free speech has been invaded, but In
which persons have, Mr.. Falkner
thinks, overstepped the limits De-
tween liberty and license.
Safety Of the State Supreme.
He holds that the safety OF the
state and the preservation OF society
Is supreme over every consideration
OF individual rights, and cities in proof
the vast powers which In state or
war are lodged with the government
"The underlying principle OF the
defense OF society and the mainte-
nance OF law and order is just as inn
portart In time Of peace" says the
report. There is a broad power vest
ed In the government TO promote pub
lie welfare. which is superior to indi-
vfdual rights.
~On this point the supreme court
Of the United States has said: Meth
err the fourteenth amendment-broad
and comprehensive as ii is--nor any
othcr amendment, was designed TO
Interfere with the power OF the state
---sometimes termed its police power
to prescribe regulations to pro-
mote the health, peace, morals. edu-
cation and good order of the people,
and to legislate SO as to increase the
Industries OF the state, develop its
resources and add to its wealth and
Prosperity"
Tho modern cases with which the
report deals have largely arisen out
OF the experiences OF street speakers
who have found their assumed right
to speak where they pleased in con-
! nict with municipal ordinances and
police regulations. These speakers
have declared such ordinances uncon-
stitutional in that they curtailed free
speech.
Decisions Of State Courts.
To show that the agitators for free
dom are I'm error, Mr.. Falkner cites
many state court decisions, beginning
with the supreme court OF Massachu-
setts, which said:
For the Legislature absolutely, or
conditionally, to forbid public speak
ing In public highway or public park
Is no more an infrineement OF the
rights OF a member of the public than
for the owner OF a private house to
forbid 1t in his house"
A decision of the supreme court of
Georgia Is noted This declares the
streets are primarily for public pas
sage and that man has many con-
stitutional rights which he cannot ex-
cercise In them. For instance, he has
right TO own property, but he has
no authority to dump his possessions
Ia highway and store them there TO
the inconvenience OF the public gem
orally.
The case Of a woman who tried to
forco President Wilson to discuss
woman suffrage is brought up as an
illustration that free speech Is not
always free even In a political meet.
{ Ing. The woman was arrested and
fined, and later took her case TO the
court OF appeals, which ruled;
There Is no question of free speech
or oppression involved in this case,
and it does not bulk large with Incl
X dental questions of liberty. There is
but a simple question-whether the
defendant wilfully disturbed n meet
ing I'm violation of the statute"
The Case Of Bouck White.
Still less" says Mr. Falkner docs
the right of free speech authorize an
Individual to intrude upon a religious
Ksthering and interrupt an orderly
course OF worship by questions or by
haranguing the congregation. The
case of Bouck White Is still in public
remembrance His effort to force the
pastor OF the Calvary Baptist church
( into a discussion OF the labor situation
in Colorado resulted In his arrest and
conviction for disturbing a religious
meeting.
mo appeal 10 the constitutional
right OF free speech could mitigate
the fact that he had deliberately dis.
turbed religious service, committing
an act which. as one formerly en-.
KaRed I'm the ministry of one Of the
great religious denominations, he
must have known TO have been not
only breach of good manners but an
offense against the law
A common sense respect for the
. rights OF others has embodied in the
law certain restriction on the right
of free speech as regards the time
and the place when IL may be exer-
ciscd. IL also places reasonable re-
etrfctions upon what may be said I'm
public gatherings. IL requires that
E Che language used shall be peaceable
md not OF such a nature as TO cause
. 1isorder or TO incite crime.
The civil authorities are not re-
. ouired 20 sit idly by when incendiary
opceches incite mobs 20 destroy order,
peace and property, which Il is the
6nty OF those authorities 10 preserve
>od msintain.
a speech at public meeting
|1k<ly 10 result In the commission Of
|snses against public order reed