The Detroit times., 1915-01-04
SHOULDRTSPEAK
JUST WHAT IS I
PLEASING TO YOU.
Official 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

NEW YORK, Jan. 4-The National
Civic Federation, which, through
committee OF prominent men headed
by Alton B. Parker. has been lnVesu-
eating the question of free speech, mas
made public q preliminary report py
Roland p. Falkner, director or It's IN
dustrial economies department The
report OF the committee will be MADE
soon.
Mr.. Falkner's statement indicates
that the committees findings VIII De
against the free speech which tends 10
create disorder or TO interfere Win
the rights and privileges OF others. i,
Mr.. Falkner says consideration Oh
many typical cases tends to dlspei the
popular notion that person mas
right TO express his opinion at any
time or place or under any clrcum-
stances. He quotes from Judge Storys
Commentaries on the Constitution
THAT the First Amendment was in
tended 10 secure TO every citizen an
absolute right TO speak or write or
print whatever he might please, WITH
out any responsibility, public or prl-
vate, therefor, Is a supposition TOO
wild to be INDUCED in by any ratlonal
man."
The report reviews many cases ~
which an outcry has been made that
free speech has been invaded, but IN
which persons have, Mr.. Falkner
thinks, oyerstepped the limits be-
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 a state OF
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 i'm
portart in time of peace" says the
report. There Is broad power vest
ed In the government TO promote pub
lie welfare. which is superior TO indi-
vidral rights.
"On this point the supreme court
OF the United States has said: 'Neith-
er the fourteenth amendment--broad
and comprehensive as 1t is--nor any
other 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 10 its wealth and
prosperity"
Tho modern cases with which the
report deals have largely arisen out
or the experiences of street speakers
who have found their assumed right
to speak where they pleased in con-
fict 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 in error, Mr.. Falkner cites
many state court decisions beginning
with the supreme court of Massachu-
setts, which said:
"For the legislature absolutely, or
conditionally, 10 forbid public speak
4 ing in public highway or public park
Is no more an INFRINGEMENT OF the
rights OF a member of the public than
for the owner of private house TO
forbid IL 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
cercfse in them. For instance, he has
right to own property, but he has
no authority to dump his possessions
4 In a highway and store them there TO
the inconvenience OF the public gen.
orally.
The case of woman who tried 10
forcc President Wilson to discuss
woman suffrage is brought up as an