The labor journal. [volume] (Everett, Wash.) 1909-1976, 1917-01-12
FREE SPEECH is
NECESSARY TO
HUMAN PROGRESS
(Bv c. j. France)

incorporators were: President, Leo
nard D. Abbott, Associated Editor of
Current Literature; vice president,
Brand Whitlock then mayor of To-
ledo, subsequently who, as ambassa-
dor to Belgium has performed signal
service the last few years of the war;
Lincoln Steffans, leading progressive
economist; Bolton Hall, author and
lawyer; Gilbert E. Roe, law writer.
In the articles of incorporation, the
purposes of the Free Speech League
was declared to be:
"The principal objects for which
said corporation is formed are as
follows: By ali lawful means to pro-
mote such judicial construction of the
Constitution of the United States and
the several states, and Of the statutes
passed in connection Herewith, as
will secure to every person the great
est liberty consistent with the liberty
of all others and especially to pre-
clude the punishment of any mere
psychological offense; and to that
end, by all lawful means to oppose
every form of government censorship
over any method for the expression,
communication, or transmission of
ideas, whether by use of previous in
hibition or consequent punishment;
and to promote such legislative en-
actments and constitutional amend
ments, state and national as will Sc
cure these ends"
Guaranteed by Constitution
The right of free speech is guaran-
teed by the Constitution of the United
States and by the Constitution of the
State of Washington, by the follow
ing provisions:
Article 1 of the Amendments to the
Constitution of the United States,
reads:
Congress shall make no law re-
speeding an establishment of religion,
or prohibiting the free exercise there
of; or abridging the freedom of
speech, or of the press, or the right of
the people peacably to assemble, and
to petition the government for a re-
dress of grievances"
Article / of the Constitution of the
State of Washington, reads:
"Section 5. Every person may free
ly speak, write and publish on all
subjects, being responsible only for
the abuse of that right"
The following excerpts from lead
ing law writer's construe the mean
ing of the above constitutional pro-
visions:
Cooley on Constitutional Limita-
tons, says: "Of words to be uttered
orally, there can be no previous cen
sOrship. The constitutional liberty
of speech and of the press, as we
understand it, implies right to free
ly utter and publish whatever the
citizen may please, and to be protect
ed against any responsibility for so
doing except so far as such publica-
tions from their blasphemy, obscen-
ity, or scandalous character, may be
a public offense."
A Constitutional Principal
Chancellor Kent, upon large sur
vey of the whole subject, said: at
has become a constitutional principal
in this country that every citizen may
freely speak, write and publish his
sentiments on all subjects, being re-
sponsible for the abuse of that right
and that no law can rightfully be
passed to restrain or abridge the
freedom of speech of the press"
Professor Cooper, a law writer, in
a treatise "On the Law of Libel"
said: "Indeed, no opinion or doctrine
of whatever nature it be, or whatever
tendency, ought to be suppressed.
For it is manifestly true, or it is
manisfestly false. Its tendency is
manifestly good, or manifestly bad,
or it is dubious and concealed. There
are no other assignable conditions,
no other functions of the problem.
an the case of it's being manifestly
true, and Of good tendency, there can
be no dispute Nor in the case of its
being manifestly otherwise; for by
the terms it can mislead nobody. If
it is untrue, or its tendency be dub
ious, it is clear that nothing can
bring the good to life or expose the
evil, but full and free discussion.
Until this takes place, a plausible
fallacy may do harm, but discussion
is sure to elicit the truth and fix pub
lie opinion on a proper basis, and
nothing else can do it."
Well Established
From the foregoing provisions of
the Constitution of the United States