The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-03-11

from continuing, if counsel adj
vises that by such a course a
clear-cut issue of free speech
can be successfully raised.
That issue can generally be
raised successfully if the inter-
ference takes place on private
property where there is no
technical violation of laws as
to admission fees, fire regulations, OBJ
struction of traffic, and the like. It
IS important to bear in mind that
police orders are not law nor are the
edicts of officials other than courts or
judges. When injunctions are issued
or legal proceedings pending, no step
which may give rise to contempt pro-
ceeding should be taken except upon
the advise of counsel. For in con-
tempt proceedings the legal question
Is often as to Ahe existence of the
Judicial power rather than as to the
propriety of its exercise. A person
who thinks that he has raised a big
question of fundamental rights by
risking punishment for contempt of a
wrongful court order may often find
that he has merely raised a side issue.
2. No speaker should submit to
preliminary censorship by the police
or other authority. No authority has
the right to censor in advance what
he has to say. Speakers should how
ever bear in mind that the usual
purpose of test meetings is to estab-
lish the right to speak, not to test the
validity of laws penalizing certain
kinds Of speech or advocacy. They
should refrain from predictions.
prophecies or suggestions which hos
tile Interpretation might twist into
violations of criminal syndicalism and
sedition statutes.
3. In case the police close the hall
and thus prevent scheduled meeting
from taking place, efforts should be
made to secure another meeting place.
Even if it involves having a much
smaller audience. At any rate, the
newspapers are going to run the fact
that the hall was closed by the police,
and if the publicity man is on his job,
all that is said at the smaller meeting
(even if it is held in a private house,
can be given to the newspapers and
will get space. The important point
is to show that even in the face of un-
lawful police opposition, those who
believe in free speech are determined
to hold their meeting at whatever
! cost. Before Pesorting to another
location, every effort should be made
to get the police to open the hall and
rescind their orders.
4. If the meeting is stopped after
it starts and the police attempt to ad.
journ it without arresting any speak
er, an arrest should be forced, unless
it would involve danger of disorder
by others than the police. The best
way to force the arrest is to keep or
speaking. If the police refuse to ar
rest but endeavor to modest the speak
ers by putting hands on them, it con-
stitutes a case of assault. Witnesses
should be secured and case brought
against the offending officers, or, il
lpossible, their responsible superiors
Whoever has charge Of the meeting
should refuse to adjourn upon the or
ders Of a police officer if the officers
refuse to make an arrest, so that the
issue can be tested in the courts. II
the officer attempts to dispense the
audience, he may advise the audience
to stay in their places unless there is
risk of disorder and violence. Per
sons UronOfullv arrested should. upor