The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-07-16
THE RIGHT OF FREE SPEECH.

This is a time when there should be
a clear understanding as to the mean
ting and limitations Of free speech
Whenever an agitator is pulled down
from soap box and locked up, the
cry goes out from his followers that
he has been denied the right of free
speech: that the constitution has been
violated. and that the boosted liberty
of the United States is myth and a
sham.
The right of free speech and of a
free press is II basic foundation Of
democracy. Its demand dates from the
earliest struggles Of the people to free
themselves. Without free speech there
can be no expression Of human rights
and without the free press there can
be no method Of circulation OF free
speech. From the time of the Magma
Charta. through the Declare ton of In
dependence and to our Constitution,
the right of a free press and free
speech has been recognized and upheld
The first amendment to the Consti-
tuition Of the United States reads:
Congress shall make no law respect
Ing an establishment of religion, or
prohibiting the free exercise thereof;
or abridging the freedom Of speech or
of the press; or the right of the peo-
PIE peaceably to assemble, and to pc
tition the government for redress of
grievances
Without these rights there would be
no democracy, no liberty and no re-
public Of the United States.
The question then arises, where does
rightful freedom of speech end and IL
cense begin We think this was fully
stated by Justice Mayer to the jury
in the trial of Emma Goldman and
Alexander Berkman who were recently
convicted of conspiracy TO obstruct the
operation of the selective consumption
law and are now serving a penitentiary
sentence. They raised the old cry that
they were denied the right Of free
speech and concerning this, Justice
Mayer in charging the jury said: This
is not question of free speech. for
Tree speech is guaranteed to us under
the Constitution. No American worthy
OF the name believes in anything else
than free speech. A free speech means
not license not counselng disobedicnce
to the law: free speech means that
frank. free. clear, orderly expression
that every man and woman in the
land. citizens or aliens, may enjoy In
lawful and orderly fashion and that
same free speech is guaranteed to us
and no law should deny it to anyone
in the confines of the United States"
In other words. Goldman and Berl
man, the |. W. w. the conscientious
objectors anarchists, the socialists and
all malcontents generally, are permit
ted In this country to say about what
they please providing they do not
counsel or advise disobcdience to law.
They may preach almost anything from
industrial cooperation and abolish
ment OF the wage system to free love
without restriction. but they must not
start movement to put their doc
may advise people to vote change of
law, but they may not counsel them
to take arms or overthrow authority.
A great principle of law was laid
down by the late Judge Gary of H.
linois, in the case of the State agairs,
Spies ct al, or as it is better known in
history. the Trial of the Haymarke,
Anarchists
The man who threw the bomb thai
destroyed SO many lives at the Ha,
market massacre was not caught an,
his identity to this day is a matter 0
doubt. Spies and Parsons were agita
tors and they and others Subsequently
hanged were far from the scene wher
the bomb was thrown. Spies, the ed
itor Of an anarchist newspa per. ha
advised his followers to arm and at
tack the police. and Parsons had dis
tribnted circulars containing the san
advice.
The important ruling made by Jude
Gary. which has since become a re,
Ognixed principle of law. is that o,
who advises or cOunsels. or urges II
cosnsnission Of a crime is to be RI
garded as quite az guilty as the autht
OF II crime itself. Under this rulin
yopf9 annsuaRnenxNW hsnRe,a "a i,