A Bibliography of Law on Journalism 9780231876780

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A BIBLIOGRAPHY OF L A W ON JOURNALISM

A BIBLIOGRAPHY OF LAW ON JOURNALISM William F. Swindler

Columbia University Press NEW

YORK

•

I947

COPYRIGHT

1947

COLUMBIA

PUBLISHED GEOFFREY

IN C R E A T

CUMBERLECE, LONDON

MANUFACTURED

UNIVERSITY

IN

THE

BRITAIN

PRESS, N E W

AND

INDIA

OXFORD U N I V E R S I T Y AND

YORK

BY PRESS,

BOMBAY

UNITED

STATES

OF

AMERICA

PREFACE

P

UBLISHED

materials in journalistic law—a term which may be

used to include law of the press, law of advertising, law of radio and communications, and a variety of subdivisions of

each—now amount to a rather substantial number, but they vary in relative value for the journalist. Many of them emphasize,

primarily or exclusively, the procedural specialties which are of interest only to the practicing lawyer. Some, written by able legal scholars and replete with useful information, are obscure and difficult to locate; others are manifestly obsolete as a result of later developments in the law itself. A number of articles in law journals, although on journalistic subjects, are mere student notes or case briefs which may or may not contribute to the f u n d of information for the worker in the field. A f e w are patently biased or reflect the general hysteria of the times, as in the case of certain comments on sedition and freedom of the mails during and immediately after the first World W a r . Others may be regional or local in interest—for example, the several compilations of state public notice laws. On the other hand any student, teacher, or researcher in journalistic law almost from the start finds it essential to consult a certain number of law journal articles, treatises, or specialized studies, for necessary background to case law and statutes. These constitute a rich field of law and occasionally may be the only places in which to locate a pioneer effort in jurisprudence, such as Warren's and Brandeis's famous article on the law of privacy, which even today goes beyond any judicial decision in defining what that law is. Or

vi

PREFACE

the user may want a résumé of the historical evolution, or the changing modern character, of libel and contempt; this is most readily found in certain books and papers which in themselves are syntheses of many court decisions and legislative enactments. What has been needed, then, has been to bring together the most useful references, particularly in the past century in which published material on these subjects has been so regularly forthcoming, and to indicate by selection, classification, and commentary something of the purposes and worth of each. More than three thousand publications on some phase of journalistic law have appeared since 1844—the earliest periodical date in the present bibliography. Additional titles are continuously coming forth, for legal publications are a peculiarly rank growth, and journalistic law, an obvious hybrid, is one of the most prolific varieties. Adequately to cope with this undiminishing output, the researcher needs a catalogue to all that has gone before, which would seem to be of lasting value, as well as a guide to the selection of current and future materials. This has been the twofold aim of this bibliography. Earlier than 1844, the date mentioned above, law material of any direct value to the modern researcher in journalism becomes extremely sporadic. Periodical literature in the field is virtually nonexistent before the founding of the Law Times of London in 1843. A few treatises and pamphlets dating back to the seventeenth century, though generally available, have little more than antiquarian interest, and it has seemed proper to include mention of them in the present introductory note rather than to list them as working materials in the bibliography proper. The works of Holt and Starkie, mentioned more fully below, because they were among the first comprehensive expressions of journalistic law in modern terms and were based upon research whose reliability could be fairly easily demonstrated, have been included among the

PREFACE

vii

main entries. So have the somewhat lesser treatises of George and Borthwick, because they are fairly accessible to researchers. These four works fall within the first quarter of the nineteenth century. W i t h these exceptions, then, the present annotated list represents a selection of more than one thousand of the books, graduate studies, bulletins, and periodical articles of the last century which have evidence of being of some continuing usefulness. T h e compilation is confined to English-language publications, almost all of which, in turn, deal with American or British law. In the list which follows, a great many titles have naturally been difficult to classify under one and only one heading, and it is hoped that the system of n u m b e r i n g the references herein will facilitate the locating of all material in this bibliography pertaining directly or indirectly to any phase of journalistic law. T h e rather selective cross-references at the end of each section, and the more elaborate subject index at the end of the complete bibliography, should guide the user to all the titles on a particular subject. Each entry has been placed where its contents indicated it would be most immediately appropriate; thus, several books and articles on the historical development of English journalistic law have been placed, not under "International and Foreign," but under more particular classifications to which they relate. Fox's book on contempt, for instance, is so valuable to that subject that it has been entered there rather than under "International and Foreign." T h e same applies to a number of other works whose catholicity, so to speak, makes it appropriate to enter them where they may be most quickly found. Similarly, works which touch upon radio defamation, for instance, have been classified under "Libel" or "Radio" according to the particular value of their contents to the worker in the one subject or the other. But the cross-reference numbering system makes them quickly traceable under the other classification as well.

viii

PREFACE

T h r e e headings—"Access to Public Records," "Confidences," and "Postal L a w s " — h a v e been set up in the main list even though the literature subsumed under each is sparse, since they are all topics of m a j o r interest to journalism. T h e large subject of " L i b e l " has been divided in two, while "International and Foreign L a w " constitutes virtually a separate division of the bibliography. F r o m the several thousand titles extant, every effort has been made to select critically, while preserving fully the rich heritage of the published material of the last century. All publications of a general or popular nature, or consisting of obviously ephemeral material, have been omitted. Many thanks are due to colleagues among both teaching and practicing journalists for encouragement and suggestions in this undertaking. Especially I wish to express appreciation to the personnel

of

the

cooperatively

supported

Pacific

Northwest

Bibliographic Center, Seattle, for aid in tracing numerous obscure entries; to the staff of the exceptionally well-supplied law library of the University of Washington, for opportunity to examine many of the materials listed herein; to the law libraries of W a s h ington University, St. Louis, and of Northwestern

University,

Chicago; and to my wife, Benetta Rollins Swindler, for long and faithful assistance in details of the research. WILLIAM F .

Lincoln, Nebraska January, 194J

SWINDLER

CONTENTS

A Bibliographie Note

/. LAW IN THE UNITED

3

STATES

Texts and General Works

25

History

28

Freedom of Press and Radio

37

Censorship and Control of Speech and Press

46

Access to Public Records

55

Libel—Nature and Characteristics

56

Libel—Defenses

71

Privacy

76

Contempt

82

Confidences

92

Copyright and Property Rights in News and Advertising

92

Public Notice

102

Advertising

108

Administrative and Business L a w

112

Communications

115

Radio

118

CONTENTS

X

Postal Laws

12 7

Miscellaneous

130

II. INTERNATIONAL

AND FOREIGN LAW

International Law

132

Press Freedom and Press Control

139

Access to Public Records

143

Advertising

145

Contempt

146

Confidences

150

Libel

151

Copyright

168

Radio

172 INDEXES

Author Index

jyy

Subject Index

185

A BIBLIOGRAPHIC

NOTE

A LMOST three centuries have passed since the publication, by one I I

F . March, of a work entitled, Actions for Slaunder: or, Col-

JL J L lection of What Words Are Actionable What

in the Law, and

Not?

Written in 1648, only four years after Milton's famed Areopagitica—which

in itself was a philosophical rather than a legal

disputation—this work appears to have met with a certain demand, for a second edition came out in 1655 and a third in 1674. Following March's effort, a W . Sheppard published a short treatise on Action upon the Case for Slander, a "methodical collection of thousands of cases of what words are actionable, and what not, and of a conspiracy, and a libel." Sheppard issued his first edition in 1662 and a second in 1674. Since a formal tort of defamation seems only to have begun to gain recognition at the start of the seventeenth century

1

and since the suppressive measures of the

Revolution in England had excited intense interest in the question of freedom and its control by means of the charge of seditious NOTE: Unless otherwise indicated, all figures used in the present w o r k refer to the serial figures of the entries in the main bibliography. TTie abbreviation " N o . " has been omitted to facilitate reference. 1 Street, I Foundations of Legal Liability ( 2 5 1 ) 282; W . S. Holdsworth, 3 History of English Law ( L o n d o n : Methuen and Co., 1909) 3 1 5 - 3 1 7 ; Sir Frederick Pollock and Frederick W . Maitland, 2 History of English Law ( C a m b r i d g e : U n i versity Press, 2d ed., 1909) 536-538. T h e present note is not, of course, an attempt to sketch the historical evolution of journalistic law except insofar as this serves to illustrate the history of the writings on the subject. For materials on this historical development, see especially 47, 58, 64, 7 7 - 7 9 , 81 and 138 in the main bibliography and see also " H i s t o r y " in the subject index at the end of this study.

4

A BIBLIOGRAPHIC N O T E

libel,2 it is natural that these works should have appeared at this time, and it is reasonable to believe that they were among the earliest formal expressions on the subject. More than a century then elapses before the appearance of the next book on libel, John Rayner's Inquiry into the Doctrine Concerning Attachments for Contempt, the Alteration of Records, and the Court of Star Chamber, upon the Principles of the Law and the Constitution, Particularly as They Relate to Prosecutions for Libels, in 1769. This was timely, too, since the climax was approaching in the struggle to throw off the harsh rule of commonlaw libel—"the greater the truth the greater the libel"—and the trials of John Wilkes and Samuel Woodfall were about to work popular opinion to the pitch that pressed Fox's Libel Act through Parliament in 1792. Appropriately enough the other important book on the subject in this period, J. Towers's treatise of 1784, is entitled, Observations on the Rights and Duty of Juries in Trials for Libels; the prerogative of juries to take into consideration the law as well as the facts in libel suits was a cardinal point at issue in the popular clamor for freedom. And in 1793, following Fox's Act, Robert Hull wrote An Apology for Freedom of the Press and for General Liberty, articulating the principle still applied in English law of expressing press freedom in terms of a modified libel law rather than a separate, specific guarantee of liberty. Between 1765 and the end of the century there was a great outpouring of pamphlets, broadsides, "letters" (each of several score pages), and reprints of court decisions pertinent to the general question of press freedom and the relaxation of the libel laws. 3 John Peter Zenger's famous trial in 1734-35 brought forth some 2 A statute dealing with Scandalum Magnatum (defamation of great men) was originally enacted in 1275. 3 Holdsworth, op. at., 315. 3 The listing of this miscellany is not appropriate here, but is most conveniently found in Leslie F. Maxwell's 2 Bibliography of English Law 1651 to 1800 (London: Sweet and Maxwell, 1 9 3 1 ) 2 1 9 - 2 2 1 .

A BIBLIOGRAPHIC N O T E

5

American pamphlets on press freedom, followed by others in the Revolutionary period, but it was not until 1818 that an American book on libel law appeared—Francis Ludlow Holt's Law of Libel (32), first written in 1812 and edited for American lawyers by Anthony Bleeker from the second London edition of 1816. It is from Starkie's treatise discussed below, and from Holt's work, which on the whole shows more painstaking scholarship than its predecessors already mentioned, that both American and English libel law may be said to have received their first formal and comprehensive definition. Holt traced the law from the earliest codes and reprinted or digested all of the leading cases then accessible in the English reports, to which Bleeker added American cases to that date. The statement of libel law in Holt in the main has borne the test of later historical research and is a generally reliable expression of the law as it had developed up through the first two decades of the nineteenth century.4 Contemporary with Holt were several other works, and they appear in increasing numbers thereafter. John George's Treatise on the Offense of Libel (30), containing "a disquisition as to the right, benefits and proper boundaries of political discussion," and J. Jones's De Libellis Famosis, or Law of Libel, both appeared in 1812, though neither is as useful as Holt. One R. Mence published a two-volume Law of Libel in 1824 and John Borthwick a Treatise on the Law of Libel and Slander as Applied in Scotland (991) in 1826. But the works of Holt, George, and Borthwick were indeed 4 The Lawyers' Magazine, or, Attorneys' or Solicitors' Universal Library, dating from 1 7 6 1 , appears to have been the earliest regular law periodical, but its life, like that of several of its contemporaries, was extremely brief. See Charles Warren, History of the American Bar (Boston: Little, Brown & Co., 1 9 1 3 ) ch. 20. Three other law journals, of longer duration, were the Law Magazine and Review (1828), the United States Law Intelligencer (1829), and the American Law Review (1842). The first law periodical article on a journalistic subject appeared in the Law Times, which was founded in 1843.

6

A BIBLIOGRAPHIC NOTE

mere satellites of a contemporary study which was to become the first generally recognized authority on the subject. This was Thomas Starkie's famous Treatise on the Law of Slander, Libel, and Incidentally of Malicious Prosecution ( 1 0 1 7 - 1 0 1 7 ^ the first edition of which appeared in 1812. A real legal genius, later to become a judge, Starkie was able to give more substance to his expression of jurisprudence on the subject than had his predecessors, and his own commentaries on various phases of libel law of that day are quoted with consistency thereafter in the nineteenth century in cases contemporary with his successive editions. The first American edition, edited by E. D. Ingraham, was published in 1826 and the second English edition in 1830. The second American edition in 1843, together with George Cooke's Treatise on the Law of Defamation (997), were in fact the initial works on modern English libel since they embody the important changes effected by Lord Campbell's Libel Act of that year, chief of which was the allowing of truth as a factor in evidence (though not yet as a defense unless publication for public benefit could also be established). With this enactment the long struggle in English law to free the press from the summary judgments of common-law libel realized a fair degree of success. Starkie's considerable influence on English libel law continues in the form of rtew editions up to 1869, when his treatise merges its identity with that of its then editor, Henry Folkard. From that date on to Folkard's last edition of 1897, Folkard replaces Starkie (1002— 1002b)—necessarily so, since in 1881 and in 1888 considerable statutory changes were made in the law of newspaper libel in England (see below). Starkie's and Folkard's successive editions taken together, however, furnish an admirable panorama of the development of English law on defamation throughout the nineteenth century.5 6 Reprints of Starkie's work, with Folkard as editor, appear through 1908, but contain little new or original commentary.

A BIBLIOGRAPHIC NOTE

7

Courts in the United States relied upon American editions of Holt and Starkie until 1868, when the first native study on the subject was printed—John Townshend's Treatise on the Wrongs Called Slander and Libel ( 2 5 3 - 2 5 3 C ) . Townshend naturally benefited from the pioneering efforts of his English predecessors, upon whom he obviously relied heavily in his early editions. His work went through four editions up to 1890, in which year it was superseded by the first edition of Martin Newell's treatise ( 2 4 5 - 2 4 5 C ) , the last edition of the latter carrying this compendium of American jurisprudence on defamation up to 1924. These American editions, on the whole, seem to lack the stature of their English counterparts. In the main, perhaps, this may be explained by the fact that English law itself was more dynamic than American in this period: In 1881 the Newspaper Libel and Registration Act authorized the courts to dismiss suits in which the charge was trivial and the evidence indicated that a jury would likely acquit. In 1888 the Law of Libel Amendment Act considerably expanded the defense of privilege in the matter of newspaper reports.6 The 1881 law, at least, represents a development in libel which has not yet been generally adopted in America. These important changes in England brought forth several special studies,7 of which the most important is Sir Hugh Fraser's first edition, in 1889, of the Law of Libel and Its Relation to the Press (1003a), which in its seventh edition of 1937 (1003) admirably carries on the Starkie-Folkard exposition of the law well into the twentieth century. The treatises of W. Blake Odgers (ioio-ioiog) and Clement Gatley (1004-1004b), too, substantially add to English materials on libel in the twentieth century. In the United States, however, no comparable study has appeared since Newell's 1924 edition. 6 Discussion of these and other provisions of both laws is contained in Odgers (6th ed. 1 9 2 9 ) ( 1 0 1 0 ) A p p e n d i x B. 7 C f . 1 0 0 5 and 1 0 1 3 .

8

A BIBLIOGRAPHIC N O T E

With the English statutes of 1881 and 1888, supplemented by such works as Fraser's first edition, the studies mentioned in Note 7, James Paterson's monumental Freedom of Speech, Press and Public Worship (901) in 1880 and Fisher and Strahan on Law of the Press (1000) in 1891, a definite concept of journalistic law begins to emerge. Courts, legislatures and legal writers increasingly henceforth speak of the special reference to the press to be considered in tort, property, contract, and other formal branches of law. Samuel Merrill's Newspaper Libel (244) of 1888 reflected this same trend in the jurisprudence of the United States where a number of state legislatures were becoming interested in converse propositions to tighten or to liberalize their existing statutes with reference to the press. From this era on, periodical literature on journalistic law becomes noticeably more abundant.8 That this awareness of the particular legal problems attendant upon journalistic enterprise should have developed at this time is largely explained by the sudden great new growth of newspapers, both in the United States and in England, and their consequent wider effects upon the public and private affairs of the people. A number of important mechanical inventions, the advent of newspaper illustration—including rudimentary photography—on a large scale, and the evolution of yellow journalism, all within the same general period, tremendously increased journalistic activity on both sides of the Atlantic. 9 Pictorial display, both in news and advertising, raised new questions of legal control which were to be answered by the statement of a remarkable thesis defining a new field of tort—the right of privacy. 10 Yellow journalism, 8 See 51, 52, 54, 72; for earlier, although minor, publications on Paterson's subject of press freedom, see 27, 33, a n d 37. 9 From a total daily circulation of 758,454 in 1850, American daily newspapers jumped to 3,566,395 in 1880, then to 8,387,188 in 1889, and finally to 1 5 , 1 0 2 , 1 5 6 in 1899. A. M. Lee, The Daily Newspaper in America ( N e w York: Macmillan Co., ' 9 3 7 ) Appendix Table xiii. See also note 11 below for the English experience. 10 See 405, 407, 426, 439, 446.

A

BIBLIOGRAPHIC

NOTE

9

c h a r a c t e r i z e d in p a r t b y t h e e x p o s e t y p e of r e p o r t i n g ,

11

presented

t h e w h o l e m a t t e r of libel a n d the d e f e n s e s o f t r u t h , f a i r c o m m e n t , p r i v i l e g e , a n d t h e l i k e , in a s t r a n g e n e w l i g h t . T h i s g r e a t l y i n c r e a s e d n e w s p a p e r a c t i v i t y , m u c h of it s e n s a t i o n a l i n n a t u r e , a l s o w a s c o n t e m p o r a r y w i t h t h e r e v i v a l , in 1 9 0 7 , of t h e c o n t e m p t p o w e r o f t h e c o u r t s as a p p l i e d to p u b l i c a t i o n s . I n A m e r ica, a t least, t h i s h a d l a n g u i s h e d d u r i n g t h e n i n e t e e n t h

century,12

a n d t h e v i g o r w i t h w h i c h t h e c o u r t s n o w b e g a n to reassert t h e o l d r u l e s o f c o n t e m p t is d o u b t l e s s d u e in c o n s i d e r a b l e d e g r e e to t h e e x c e s s e s o f m a n y p u b l i c a t i o n s in t h i s p e r i o d . H i s t o r i c a l l y

the

t r e n d o f c o n t e m p t l a w , e s p e c i a l l y in E n g l a n d , h a d b e e n a w a y f r o m n e w s p a p e r a p p l i c a t i o n f r o m t h e t i m e o f its s e p a r a t i o n f r o m libel as a n i n d e p e n d e n t b r a n c h o f l a w , 1 3 w h i l e in the U n i t e d S t a t e s t h e f a m o u s c o n t e m p t case i n v o l v i n g J u d g e P e c k

14

h a d r e s u l t e d in a

C o n g r e s s i o n a l act of 1 8 3 1 c o n s i d e r a b l y d i m i n i s h i n g t h e s t a t u t o r y 11 " T h e distinguishing techniques of yellow journalism were: ( i ) scareheads, in which excessively large type, printed in either black or red, screamed excitement, often about comparatively unimportant news, thus giving a shrill falsity to the entire makeup; ( 2 ) the lavish use of pictures, many of them without significance, inviting the abuses of picture-stealing and 'faked' pictures; ( 3 ) impostures and frauds of various kinds, such as 'faked' interviews and stories, misleading heads, pseudo-science, and parade of false learning; (4) the Sunday supplement, with colored comics and superficial articles; and ( 5 ) more or less ostentatious sympathy for the 'underdog,' with campaigns against abuses suffered by the common people." Frank L. Mott, American Journalism (New York: Macmillan Company, 1 9 4 1 ) 539. (Reprinted by permission of the publishers.) In England, the same process was going on: " T h e Education Act of 1870 taught hundreds of thousands of children to read at a time when one-fifth of the men and one-quarter of the women in England and Wales were illiterate. . . . Here was a rich market waiting to be tapped by the man who could provide them with what they wanted to read. . . . They wanted news about sport and crime and the gossip of Society, and above all they wanted it brightly written in a way they could understand." Anon., Report on the British Press (London: Political and Economic Planning, 1938) 93. 12 An excellent historical review of contempt law with reference to American newspapers appears in Hale and Benson, Law of the Press (2) 328n. 13 Cf. Fox's early studies, 9 7 1 - 9 7 6 . 14 The case was unreported; for the impeachment trial of Judge Peck as a consequence, see A. S. Stansburyj Report of the Trial of James H. Peck. . • • before the Senate (Boston: Hilliard, Gray & Co., 1 8 3 3 ) .

io

A BIBLIOGRAPHIC NOTE

power of the Federal courts to cite for contempt. Stewart Rapalje's American treatise (452) of 1884 and James Oswald's first English edition (958) of 1892 contain only sparsest references to newspaper contempt; but Nelles and King in their exhaustive résumé of state law on the subject (510) in 1928 give more detailed attention to the press. From 1907, when Patterson v. Colorado 1 5 was decided, and 1918, when the Toledo Newspaper Case 1 6 reached the Supreme Court of the United States, American judges took an increasingly stern view of newspaper comment upon cases in adjudication. Some observers saw this sensitiveness of the courts as an undue concern for their personal dignity and immunity 1 7 and felt that contempt power should be redefined as exclusively a protective measure for untrammeled' conduct of trials in progress. At any rate the trend of contempt law toward censure, if not censorship, was abruptly halted in 1941 with the famous Los Angeles Times contempt decision 1 8 in which the Supreme Court, applying the "clear and present danger" test, invalidated contempt citations except where the threat of interference with trial conduct by a newspaper's comment may be "so near thereto" as to be a real danger. With this decision, if it stands in future, contempt law largely reverts to its pre-1907 status so far as the press is concerned.19 It is against this background that many of the commentaries, chiefly periodical, in the present list were written.20 In this period, too, Sir John Charles Fox completed his authoritative History of Contempt of Court (450) in 1927, the culmination of a number of years of exhaustive research into the evolution of the law. 15 18 17 18 19 20

205 U.S. 454, 27 S. Ct. 556, 51 L . Ed. 879 ( 1 9 0 7 ) . 247 U.S. 402, 38 S. Ct. 560, 62 L . Ed. 1 1 8 6 ( 1 9 1 8 ) . C f . Sullivan, Contempts by Publication ( 4 5 3 ) passim. 3 1 4 U.S. 2 5 2 , 62 S. Ct. 1 9 0 , 86 L . E d . 1 9 2 ( 1 9 4 1 ) . C f . 489 and 524 for diametrically opposite comments on the case. See " L o s Angeles Times case" in subject index.

A BIBLIOGRAPHIC NOTE

u

Like primitive contempt, copyright in its earliest history was seized upon as a press-control device. The English historian Holdsworth has given an elaborate description of this phase of copyright law in the sixteenth and seventeenth centuries (64), and Fredrick S. Siebert has also contributed a study of the control techniques of the Stationers' Company (78). The whole effort of the press in this beginning period, consequently, was to extricate itself from the processes of copyright law, and thereafter, until the growth of large-scale competitive news-gathering in the nineteenth century, very little reference to journalism appears in the field of copyright law—and little interest appears among journalists in the question of protecting the property interest in their work. A few scattered pamphlets on the situation in the seventeenth and eighteenth centuries are available,21 but the first comprehensive study of copyright did not appear until 1847 when George T . Curtis published his Treatise on the Law of Copyright (537), summarizing the English and American statutes which had been enacted since the so-called Act of Queen Anne of 1709-10, the first formal recognition of a law of literary property divorced from press-control considerations. The copyright situation in England was generally overhauled in the Act of 1842, while in the United States a number of states, beginning with Connecticut and Massachusetts in 1783, enacted protective legislation for authors and artists which led directly to the first Federal statute of 1790. Nothing in any of these early laws related to newspapers, however, and on the first instance in American courts when the question was raised it was flatly stated that journalistic material did not come under the copyright law. 22 The first modification of this principle, by an English court in 1869, was duly noted by the 21 Cf. Maxwell, op. cit. 2 1 7 ; for a resume of copyright efforts since the fifteenth century, see Bowker, Copyright, Its History and Us Law (535) 1 1 ff. 22 Clayton v. Stone, 2 Paine 382, Fed. Cas. No. 2872 ( 1 8 3 5 ) .

12

A BIBLIOGRAPHIC N O T E

Law Times

( 1 1 3 0 ) on the occasion, but was too novel to be in-

cluded in the first edition, in 1870, of the work which was to become one of the widest-known authorities on the law—Walter Arthur Copinger's Treatise III

on the Law

of Copyright

(1117-

e

7 )T h e first significant degree of attention given to journalistic

copyright appears in Eaton S. Drone's Treatise on the Law of Intellectual Productions

(539), which, published in 1879 and cover-

ing laws and cases of both Great Britain and the United States, so thoroughly summarized theory and practice in copyright that it not only replaced Curtis as the leading American authority but remains today, despite its obsolescence in many respects, a valued background reference. Copinger's later editions of 1881, 1893, 1904, and 1915, as well as the current edition of 1937, contain increasing reference to both domestic and international aspects of journalistic copyright, and the briefer study by Thomas Scrutton, running through four editions between 1883 and 1903 ( 1 1 2 1 1 1 2 1 c ) , also considers English jurisprudence on the subject. In the United States the effort to write newspaper copyright into the Federal statute, as well as to overhaul that statute generally, culminated in 1909 in the basic copyright law of the United States which prevails today. In preparation for this legislative development the then register of copyrights in the Library of Congress, Thorvald Solberg, produced in 1905 and 1906 two excellent historical resumes of American laws and copyright proposals in Congress since 1790 (41, 42). In 1 9 1 1 , two years after the American revision, Great Britain also rewrote her copyright law into a new basic statute which prevails to the present. T h e following year Richard Rogers Bowker produced his comprehensive work on Copyright,

Its History and Its Law (535), covering the develop-

ment from earliest times to the important changes of 1909 and 1 9 1 1 .

twentieth-century

A BIBLIOGRAPHIC NOTE

13

Although today the American statute at least gives opportunity for certain types of journalistic copyright and the courts have inclined to a more liberal view, it is into two fields of journalism other than newspapers—radio and magazines—that the bulk of journalistic copyright law has gravitated. The question of radio property is discussed further below; magazine copyright has been covered in such works as Philip Wittenberg's excellent Protection and Marketing of Literary Property (544) and George Thring's earlier Anglo-American study, Marketing of Literary Property (542). As for the protection of news matter, which has become of increasing interest to the news agencies and those larger newspapers which engage their own foreign correspondents, the courts have granted such relief as has been forthcoming by reference to the law of unfair competition rather than of copyright. On the theory that literary property protection can apply to the news of the day only with respect to the style in which it is written, 23 the Supreme Court in International News Service v. Associated Press 24 in 1918 laid down the rule that the law of unfair competition will protect a news-gatherer in the matter of noncopyrightable news facts until he has had a reasonable period of time in which to exploit his labor. The Associated Press made the complete judicial history of this case the text of the second volume of its Law of the Associated Press (717). Aside from this publication and some periodical references, there is relatively little in the published material on the law of communications which pertains directly to journalism, cxcept in the special field of radio. 25 The subjects of copyright, news communication, and radio bring journalistic law into the wider arena of international juris23 24 25

C'licago Record-Herald Co. v. Tribune Association, 275 F. 797 (1921). 2,8 U.S. 215, 39 S. Ct. 68, 63 L. Ed. 211 (1918). Bat see section, "Communications," in main bibliography.

A BIBLIOGRAPHIC NOTE

I4

prudence, for in all of these subjects the domestic problems are often inseparably a part of the international ones. For example, the earliest submarine cables, which were to give such impetus to worldwide news-gathering, promptly presented to the countries so connected the legal question of transmitting intelligence across national frontiers. One of the earliest international communications treaties, dating from 1865, dealt with these questions in separate clauses on censorship and language of transmitted messages. 28 The Universal Postal Union was created in 1874, and the first International Copyright Convention was signed in 1886. And the growth of radio in the twentieth century almost from the outset presented the international communications administration with the necessity of widening its governing instruments to include such special problems as the equitable division of the world's ether lanes, interference with and interception of messages, and to a certain degree the broadcasting of programs across national boundaries. 27 Little enough has yet been done on journalistic law in the international field, and the greater part of such materials as there are have been devoted to the political aspects of the subject. Scholars such as Lauterpacht (873, 874) and Preuss (884) have dealt with the interesting though somewhat esoteric question of defamatory statements circulating internationally and reflecting upon foreign states, while Tomlinson (849) has examined the political aspects of communications themselves. Volume I of the Law of the Associated Press already mentioned includes some of the principles of business law which face international news-gatherers, and collections of foreign laws such as have been made by Sharp (846) and Shearman and Raynor (847) are certainly useful so long as 26

British & Foreign Slate Papers, 56 ( 1 8 6 5 ) , 2 9 5 - 3 0 2 . Cf. the present writer's Phases of International Law Affecting International News Communications (848), Ch. vii. 27

the Flow

oj

A BIBLIOGRAPHIC NOTE

15

they are kept up to date; but only one study, the present writer's Phases of International Law Affecting the Flow of International News Communications (848), has attempted to correlate the various aspects of legislation and jurisprudence which pertain to journalism in the international field. Radio journalism as a special phase of communications law has properly elicited a large volume of study in its relatively short existence. Not only does radio have its share of domestic and international legal questions, but it has dramatically enlarged the concepts of such standard fields as libel and slander and copyright. From the outset the traditional distinction in defamation between written (libelous) and oral (slanderous) expressions has been recognized as ineffectual where the broadcast word was concerned. Despite the attempt of the court in Summit Hotel Co. v. National Broadcasting Company 28 to define radio defamation as a new tort, and despite the legislation enacted in several states to give it a more definite character, its nature is still a much-mooted point.29 In the matter of property protection, radio law has been concerned both with the question of broadcasting copyrighted works and with effecting exclusive ether premises, so to speak, for its original programs. The first question, pertaining primarily to musical broadcasts, has produced little material of significance for the journalist, while the second has to some degree followed the principles of unfair competition laid down by the courts with respect to newspaper property interests. Doubtless the most interesting question with respect to radio journalism has been in connection with Federal regulation of broadcasting and network control. Whether such control does not to some degree come into conflict with the Constitutional guarantees of freedom of speech, and whether it does not constitute at 28 29

336 Pa. 1 8 2 , 8 Atl. (2d) 3 0 2 ( 1 9 3 9 ) . See "Radio—defamation (libel or slander)" in subject index.

i6

A BIBLIOGRAPHIC NOTE

least a potential censorship power in the Federal government, has been debated at some length ( 1 7 1 , 1 7 3 , 174, and others). The Federal Communications Commission order of 1941 to break up the ownership arrangement for certain of the larger networks, too, has been a topic of some study (737, 742). Control of certain types of advertising broadcasts is a particular phase of advertising law which is discussed more fully below. Organic radio law in the United States is dated distinctly by two important statutes—the Radio Act of 1927 and the Communications Act of 1934. Consequently, much of the published material on the subject must be judged as to its point in time with reference to these enactments. Thus the excellent study by Stephen Davis on the Law of Radio Communications (734), which was published in 1927, serves best as a review of the law up to the time of this first statute. Clarence C. Dill's Radio Law, Practice and Procedure (736), on the other hand, having been published in 1938, illustrates the fundamental changes wrought by the second statute. But by far the most exhaustive study yet made of the whole field of broadcasting jurisprudence is Abraham Socolow's two-volume Law of Radio Broadcasting (743), thoroughly covering the fields of administrative regulation, copyright, defamation, and international conventions. Like radio, although for less obvious reasons, law affecting advertising and the business relations of newspapers has been subjected to research and study only in recent years. One of the earliest publications in advertising law, an English book by T . Artemus Jones (950), appeared in 1906. That this book was published in England, as a matter of fact, reflected the degree of interest in advertising problems which had prevailed in British business and government circles for some years prior to that date. In 1903 the Home Office had made a compilation of advertising laws of the chief countries with which Britain traded, and a number of

A BIBLIOGRAPHIC NOTE

17

statutes dealing with advertising had been enacted by Parliament in the nineteenth century. A law prohibiting advertising on public carriers in the city of London dates from 1853, amended or supplemented periodically up to 1900. Obscene advertising was prohibited in a statute of 1889; and both before and since Jones's initial study a large number of county and municipal by-laws and ordinances have been enacted on subjects of advertising, generally on model forms prepared by the Home Office. Some periodical discussion of billboard regulation appears sporadically between 1915 and 1930,30 and it is only in 1928 that the first comprehensive American book is found—Clowry Chapman's Law of Advertising (664). In its scope this book is still highly useful, covering as it does in great detail all phases of marketing procedure of an advertising nature, including such fine points as shipping and correspondence. A more recent work, though not as comprehensive, is Francis Finkelhor's Legal Phases of Advertising (665). Both works lay considerable stress upon the body of law which has grown up since the Federal Trade Commission Act of 1914, and upon the highly important question of contracts with which the leading advertising and publishers' associations have long been concerned. The most recent English book which may be considered contemporary with Chapman and Finkelhor is E. Ling-Mallison's Law Relating to Advertising (951); published in 1931 it deals among other things with the body of English statutes regulating billboards and other outdoor advertisements, and the antigambling statutes of 1920 and 1927. The most recent American addition to the decidedly meager published material on advertising law is the collection of the laws of the forty-eight states in Burt W. Roper's State Advertising Legislation (667). By far the largest body of state laws in the United States particu30

Sec " A d v e r t i s i n g — b i l l b o a r d s " in subject i n d e x .

18

A BIBLIOGRAPHIC NOTE

larly relating to newspapers consists of the public notice statutes of the various states. Like more general advertising, this field of specialized advertising has suffered from a surprising lack of intensive study. Gilbert Bailey's monograph for the Indiana University Bureau of Government Research (609) is virtually the only comprehensive work in the field,31 while the only periodical literature is confined to a few archaic British papers (953, 954, 956). On the other hand, newspaper groups have for a number of years been engaged in the compiling of the public notice statutes of their respective states, and this now amounts to a considerable volume. A Manual of Legal Advertising in Kentucky (630), published in 1903, is one of the earliest such collections extant. At least thirtyfour states are now represented by such collections. One of the oldest of these still in general use is North Dakota's (642), published in 1927, although obviously the value of such compilations depends upon their recency and inclusiveness. Several of the collections meet this problem by carrying annual supplements, and the Pennsylvania collection (646) is issued biennially. Perhaps the most ambitious publication is C. W. Van Eaton's Oklahoma Newspaper Code (644), an attempt, as the title indicates, to codify the state's organic law respecting newspapers, and annotated with state court cases pertinent to various statutes. Another elaborate study in this field is Arthur D. Jenkins's Illinois Newspaper Law (624), which, after Bailey's monograph already mentioned, is the nearest thing to a general treatise on legal advertising yet written. In an effort to reduce the heterogeneous public notice systems of the forty-eight states to some degree of uniformity, at least for purposes of comparative study, Newspaper Association Managers (the national organization of state, regional, and national press association executives) devised a standard calendar form for the 31

Cf. also the specialized studies of advertising rates by Loomis ( 6 5 7 ) and the

present writer ( 6 1 5 ) .

A BIBLIOGRAPHIC N O T E

19

expression of legal advertising provisions within a state. It was hoped that this form would be followed eventually by at least a majority of the states; to date, however, only two—Idaho and Louisiana (622, 632)—have utilized it. Another publication which has contributed substantially to the comparative study of public notice laws is James E. Pollard's Index to the Public Notice Laws of the 48 States ( 6 1 1 ) . Most recent of all developments in journalistic law, and in many respects one of the most significant, has been the special body of business and administrative law which has grown up around the newspaper industry as a result of the industrial legislation of the last twenty or thirty years. The amount of literature on this new subject is as yet small, but there is every indication that it will grow rapidly. The study of Collective Bargaining in the Newspaper Industry (693), by the division of economic research of the National Labor Relations Board, and the analysis of Law Relating to the Employment of Minors by New Yorf( State Newspapers (690), published in the Journalism Bulletin series of Syracuse University for the New York State Publishers Association, are striking examples of pioneer work in the field. T h e foregoing paragraphs have sought to outline, in order of development and significance, what may be called the nature of journalistic law from a "vertical" point of view. T w o other aspects of journalistic law, considered "horizontally," so to speak, need attention before the present definition of that law is complete. One of these consists of historical and regional studies of journalistic law, the other of foreign and international aspects. Historical studies of the subject in the United States have an excellent heritage, as yet unexploited for the most part, 32 in Henry Schofield's paper on Freedom of the Press in the United States (138), which, although published in 1915 and to some degree 32

C f . Fredrick S. Siebert's plea for more research on this phase ( 8 3 7 ) .

20

A BIBLIOGRAPHIC N O T E

obsoleted by later court decisions, still is a treasury of information. Several excellent English historical studies are found in the works o£ Clyde (26), Hanson ( 3 1 ) , and Wickwar (44), while special phases of the American historical record have been well covered by Livingston Rowe Schuyler's Liberty of the Press in the American Colonies before the Revolutionary War (40) and Ethel R. Outland's study of The "Effingham" Libels on Cooper (35). The acknowledged leading work in the field of both historical and regional study, however, is Clyde Augustus Duniway's Development of Freedom of the Press in Massachusetts (28). An equally valuable work in regional journalistic law, which has never had the wide attention it deserves, is Earnest P. Seelman's Law of Libel and Slander in the State of New Yor^ (250), which certainly is a model for any similar researches into state jurisprudence. Although prepared for practicing lawyers and therefore containing a large amount of procedural detail, it admirably covers all aspects of the subject, and a supplement issued every few years keeps it more definitely up to date than many another law publication in journalism. There are also a number of periodical references on regional law, which have been classified under the proper names of states or countries in the subject index at the end of the present bibliography. Foreign and international aspects of journalistic law, as mentioned earlier in this note, have been considered in the present bibliography only with reference to English-language publications. A certain number of these, too, have been considered herein incidental to the several divisions of journalistic law already mentioned. The American heritage from the common law of England has made traditional the consideration by American and British courts of the legislation and court decisions of both countries for their latest guiding principles. In addition, a few British and

A BIBLIOGRAPHIC NOTE

21

American scholars—entirely too few—have made some study of foreign press law and have published their researches in English; where these have seemed appropriate to the present bibliography they have been included. Some of the leading British publications on journalistic law have been mentioned already—the work of Fox in contempt; the numerous studies of libel and slander by Starkie, Folkard, Fraser, Gatley, and Odgers, among others; the historical researches of Clyde, Hanson, and Wickwar. Among the considerable number of others there should certainly be mentioned the special volumes of press law by Ball (988), Bridgeman (993), Cloutman and Luck (996), and Pilley ( 1 0 1 1 ) ; these compare favorably with such standard American texts as those of Arthur and Crosman ( 1 ) , Hale and Benson (2), Siebert (7), and the most recent one by Thayer (8). The chief weakness of all of the British works is the fact that none of them is more recent than 1938 and, as a consequence, lack satisfactory coverage of such current developments as radio law and wartime and pre-war legislation such as the Official Secrets Act (cf. 908, 922, 925). Nevertheless, W. Valentine Ball's Law of Libel and Slander, co-edited in the second edition by Patrick Browne, is an excellent handbook, while Charles Pilley's Law for Journalists goes beyond its American counterparts by giving considerable attention to labor contracts and other law affecting the British newspaperman's working conditions. Although there are by no means the number of legal periodicals in the British Empire that there are in the United States, a rather high proportion of their contents has been devoted to phases of journalistic law, and many of these are particularly rich in historical material and in commentaries on the law in Dominions such as Canada and Australia, and in India. These, like the regional studies in the United States mentioned above, have been separately classified under their proper names in the subject index.

22

A BIBLIOGRAPHIC NOTE F r o m the foregoing paragraphs it should now be clear what the

character of journalistic law is, at least as conceived for the purposes of the present writing. Its roots are necessarily very deep in the past and present of the law of defamation, which constitutes one of its chief ingredients, whether or not we agree with Joseph Story that freedom of the press itself is "neither more nor less than an extension" of certain principles of libel law. 3 3 It draws, too, heavily from the field of contempt, while copyright and other legal means of protecting property interests are certainly of considerable, even though secondary, importance. T h e fields of communications, national and international, with special reference to radio, and the separate specialties of advertising and the business side of journalism have, particularly in the twentieth century and in the last decade or two, been identified by a further body of jurisprudence. Finally, the definition of journalistic law must include its historical and regional expression, and the field of international and foreign developments. 34 83

Story, 2 Commentaries on the Constitution of the United States (43) 635. An older compilation, though still a valuable one, contains among other subjects references to most of the literature on press law in other countries and in other languages; it is Karl Borner's Internationale Bibliographie des Zeittingswesens (Leipzig: O. Harrassowitz, 1932). 34

BIBLIOGRAPHY

/. LAW IN THE UNITED TEXTS AND GENERAL

STATES

WORKS

Bool(s 1. Arthur, William R., and Ralph L . Crosman. T h e Law of Newspapers. 2d ed. New York: McGraw-Hill Book Co., 1940. 615 pp. Valuable feature is the appendix collection of state constitutional and statutory provisions on freedom of the press and libel. ia. [Same title], ist ed. New York: McGraw-Hill Book Co., 1928. 374 pp. 2. Hale, William G., and Ivan Benson. T h e Law of the Press. 2d ed. St. Paul, Minn.: West Publishing Co., 1933. 610 pp. T h e only casebook on the subject. Numerous footnotes with valuable background information, but the book on the whole is badly out of date. 2a.

[Same title], ist ed. St. Paul, Minn.: West Publishing Co.,

'923- 5°3 PP3.

Jones, Robert W . Law of Journalism. Brooklyn: Metropolitan Law

Book Co.; Washington, D.C.: Washington Law Book Co., 1940. 395 PPThe treatment of many phases of the subject is too brief. Useful appendix features are F T C complaint form and summary of reporters' confidence statutes. 4. Lehmann, F. W . Law and the Newspaper (University of Missouri Bulletin No. 18, Journalism Series No. 15). Columbia, Mo.: University of Missouri, 1917. 26 pp. Chiefly a review of contemporary legislation affecting newspapers. 5. Loomis, William W . Newspaper Law (Porte Library Series No. 12). Salt Lake City: Porte Publishing Co., 1924. 188 pp.

26

IN T H E UNITED STATES

Short handbook by former president of National Editorial Association; out of date on a number of points but extremely well organized as to the major principles of newspaper law. Covers definitions of newspaper, laws respecting circulation and advertising, public notices, prices and rates of newspapers and usual subdivisions of libel, contempt, etc. 6. Samuels, Harold. "Recent Legal Decisions and Tendencies Affecting Newspapers and Allied Interests" (unpublished Master's thesis). Athens, Ohio: Ohio University, 1938. 7. Siebert, Fredrick S. The Rights and Privileges of the Press. New York: D. Appleton-Century Co., 1934. 429 pp. Commended for its "positive approach" to subject from standpoint of what newspapers can do. Predominantly a study of libel law. 8. Thayer, Frank. Legal Control of the Press. Chicago: Foundation Press, 1944. 588 pp. First American attempt at a treatise on subject of journalistic law. Although inadequate in its treatment of advertising and public notice, it covers standard fields of press freedom, libel, privacy, contempt, copyright, and general privileges of newspapers more exhaustively than any other text. Articles 9. [Anon.] "Major Court Decisions of 1939 Affecting Publications and Advertising." Editor & Publisher, 73, Pt. II (January 27, 1940), 196-197. Developments in this year include Pennsylvania court opinion defining radio defamation as a new tort, and widening F T C power over advertising. 10. Brown, Rome G. "Some Points on the Law of the Press." Central Law Journal, 95 (July 28, 1922), 59-71. Former Minneapolis Tribune counsel discusses freedom of press, libel and "trial by newspaper." Good as a concise resume. 11. Butler, James J. "Newspapers Fared Well in National Legislation." Editor & Publisher, 72 (July 29, 1939), 3. Departmental orders of administrative agencies, rather than Congressional enactments, becoming of primary importance to newspapers.

T E X T S A N D G E N E R A L WORKS

27

12. Doan, Edward N . "Legal Actions Involving Presentation of News —1937." Editor & Publisher, 71, Pt. II (January 29, 1938), 235, 246. Review of enactments of 1937 state legislatures affecting newspapers, together with summary of 1937 court cases on libel, privacy, and contempt. 13. Siebert, Fredrick S. "Legal Developments Affecting the Press" {in "The Press and the Contemporary Scene"). Annals of the American Academy of Political and Social Science, 219 (January, 1942), 93-99Increasing freedom of expression illustrated by Louisiana Tax Case and Minnesota "gag law" case; but courts decline to apply principle of freedom from government regulation to business side of newspaper work. 14. "The Law and Journalism." Virginia Law Review, 32 (June, 1946), 771-780. Discusses shortcomings of law of libel, "trial by newspaper," communications and freedom. 15. Swindler, William F. " A P Suit and Labor Relations Act Highlighted Newspaper Law in 1944." National Publisher, 24 (January, 1945), 10. Supreme Court decision holds newspaper carriers to be employes of newspaper for bargaining purposes. Congress and several state legislatures investigated question of post-war international freedom of news communications. 16. "Highlights of Newspaper Law in 1943." National Publisher, 23 (January, 1944), 4. State legislation was characterized by wartime emergency enactments preserving official newspaper status for publications suspended temporarily by war conditions. 17. "Some Recent Legal Developments Relating to the Press." Journalism Quarterly, 16 (June, 1939), 161-164. Tax cases in Louisiana and Arizona, N L R B suit against Associated Press, etc., show trend of newspaper law in direction of administrative and business questions. 18. Tanner, Sheldon C. "Developments in Newspaper Libel Laws." Journalism Quarterly, 12 (September, 1935), 245-254.

28

IN T H E UNITED STATES

Analyzes Chicago's libel suit against Chicago Tribune, Minnesota "gag" law, and Florida court decision on libelous stories received from news agency. 19. Werne, Benjamin. "Major Court Decisions of 1940 Affecting Publications and Advertising." Editor & Publisher, 74, Pt. II (January 25, 1941), 196-197. Almost exclusively on newspaper cases under the Wagner Act. 20. "Legal Decisions and Rulings Affecting Newspapers." Editor &• Publisher, 75, Pt. II (January 31, 1942), 186-189. Discussion of labor law affecting newspapers, with some discussion of advertising, libel, and copyright. 21. "Legal Decisions and Rulings Affecting Newspapers." Editor & Publisher, 76, Pt. II (January 30, 1943), 186-190. Analysis of policies and rulings of wartime agencies including OPA, WPB, and W L B as these relate to newspaper business. 22. "Legal Decisions and Rulings Affecting Newspapers." Editor &• Publisher, 77, Pt. II (January 29, 1944), 211-215. Continues wartime analysis begun in previous year (21); also has résumé of first phase of antitrust suit against Associated Press. 23. "Legal Decisions and Rulings Affecting Newspapers." Editor & Publisher, 78, Pt. II (January 25, 1945), 220-225. Continues résumé of wartime administrative law. See also 53, 238. HISTORY Boo\s 24. Benton, Josiah H. A Notable Libel Case. Boston: C. E. Goodspeed, 1904. 117 pp. Criminal prosecution on complaint of Daniel Webster against Theodore Lyman, Jr., for statement that Webster and other Federalists conspired to break up the Union. 25. Bury, John Bagnell. A History of Freedom of Thought. New York: Henry Holt & Co., 1913. 256 pp.

HISTORY

29

Excellent as a background book, although it has little direct reference to journalistic law except on the subject of press censorship. 26. Clyde, William McCallum. The Struggle for the Freedom of the Press from Caxton to Cromwell (St. Andrews University Publications, No. 37). London, New York: Oxford University Press, 1934. 360 pp. Excellent predecessor to Hanson's study ( 3 1 ) , covering the beginning of press licensing and the first reaction against it; the Long Parliament and censorship; and Cromwell's suppression of news books. 27. Cooper, Thomas. A Treatise on the Law of Libel and the Liberty of the Press. New York: G. F. Hopkins & Son, 1830. 184 pp. Sketch of the origins, "use and abuse" of the law of libel, "as applicable to individuals and to political and ecclesiastical bodies." 28. Duniway, Clyde Augustus. The Development of Freedom of the Press in Massachusetts (Harvard Historical Studies, Vol. X I I ) . Cambridge, Mass.: Harvard University Press, 1906. 202 pp. Traces evolution of colonial press control from English common law, until ending of official censorship in 1730; and revolutionary agitation for freedom resulting in constitutional guarantee of 1780 and "just and reasonable libel law" of 1827. 29. Gavit, Bernard C., ed. Blackstone's Commentaries on the Law. Washington, D.C.: Washington Law Book Co., 1941. 1040 pp. Latest and one of most useful editions of famous lectures on the laws of England. Blackstone's famous dicta on libel and press freedom are found passim in Book 3, "Private Wrongs," and Book 4, "Public Wrongs." 30. George, John. Treatise on the Offense of Libel. London: Taylor & Hessey, 1812. 361 pp. 3 1 . Hanson, Lawrence W . Government and the Press, 1695-1763. London: Oxford University Press, 1936. 149 pp. Intensive study of relatively brief period, between end of licensing and trial of Wilkes for sedition. Analyzes British press law and government machinery for its enforcement, and the government press. Useful bibliography of primary source materials. 32. Holt, Francis Ludlow. Law of Libel. Edited by Anthony Bleeker. ("1st American ed.") New York: Stephen Gould, 1818. 328 pp.

5o

IN T H E U N I T E D STATES

First expression of American libel law, based on excellent historical résumé from earliest law records in England, and including contemporary American cases. 32a.

[Same tide]. 1st ed. London: Butterworth, 1812.

32b. 302 pp.

[Same tide]. 2d ed. London: Butterworth & Sons, 1 8 1 6 .

33. Hunt, Frederick Knight T h e Fourth Estate: Contributions towards a History of Newspapers, and of the Liberty of the Press. 2 vols. London: Bogue, 1850. 34. Mathias, James F . " T h e Court of Star Chamber, 1603-1625" (unpublished doctoral dissertation). N e w Haven, Conn.: Yale University, 1939. 35. Outland, Ethel R. T h e "Effingham" Libels on Cooper (University of Wisconsin Studies in Language and Literature, No. 28). Madison, Wis.: University of Wisconsin Press, 1929. 272 pp. Documentary history of famous series of libel suits brought by the American novelist James Fenimore Cooper, in 1837-1845. Severity of rulings in these cases aided movement for more moderate libel statutes. 36. Rich, Wesley Everett. History of the U.S. Post Office to the Year 1829 (Harvard Economic Studies, Vol. X X V I I ) . Cambridge, Mass.: Harvard University Press, 1924. 190 pp. Some mention of early postal policies of special aid to newspapers. 37. Routledge, James. Chapters in the History of Popular Progress, Chiefly in Relation to the Freedom of the Press and Trial by Jury, 1660-1820. London: Macmillan Co., 1876. 631 pp. 38. Rutherford, Livingston. John Peter Zenger, His Press, His Trial and a Bibliography of Zenger Imprints. N e w Y o r k : Dodd, Mead & Co., 1904. 275 pp. 39. Salmon, Lucy Maynard. T h e Newspaper and Authority. N e w Y o r k : Oxford University Press, 1923. 505 pp. Traces origins, theory, and practice of censorship and press control through the ages, with particular reference to England, France, and Germany and to the first World War. 40.

Schuyler, Livingston Rowe. The Liberty of the Press in the Amer-

HISTORY

31

ican Colonies before the Revolutionary War. New York: T . Whittaker, 1905. 86 pp. Analyzes background of English press law and press control; briefly covers press law of Massachusetts, New York, Pennsylvania, and the Southern colonies; concludes that on the eve of the Revolution press freedom as subsequently understood did not exist. 41. Solberg, Thorvald. Copyright Enactments of the United States, 1783-1906. Washington, D.C.: Government Printing Office, 1906. 174 pp. Valuable historical calendar of state and Federal enactments. 42. Copyright in Congress, 1789-1904. Washington, D.C.: Government Printing Office, 1905. 468 pp. Includes texts of leading statutes on subject and bibliography of all copyright proposals. 43. Story, Joseph. Commentaries on the Constitution of the United States. Edited by Melville M. Bigelow. 5th ed. 2 vols. Boston: Little, Brown & Co., 1905. Vol. I, 778 pp.; Vol. II, 772 pp. Sees. 1880-1891 on freedom of press, with excellent historical background in footnotes; Sec. 51 on colonial press freedom; Sec. 1774 on contempt of court. 44. Wickwar, William H . The Struggle for the Freedom of the Press, 1819-1832. London: Allen & Unwin, 1928. 325 pp. Though devoted to the English struggle, this work is most useful as a comparative analysis of the simultaneous change in American legal thinking on press freedom. Period represents the brief reaction against freedom following the Napoleonic era. Articles 45. Abrams, R. H. "The Jeffersonian, Copperhead Newspaper: a Case of Attempt at Suppression." Bill o] Rights Review, 2 (Summer, 1942), 284-289. Historical sketch of de facto suppression of pro-Southern newspaper in Pennsylvania in 1861. Courts expressed greater concern for freedom in this period than did other government agencies. 46.

Allen, Dorothy Jean. "War and Civil Liberties." University of

32

IN T H E UNITED STATES

Kansas City Law Review, 14 (December, 1945-February, 1946), 26-51. Brief historical sketch covers some leading American sedition cases. 47. Anderson, Frank Maloy. "Enforcement of the Alien and Sedition Laws." Report of the American Historical Association, 1912, pp. 115— 126. Careful analysis of political background against which the famous laws were administered between 1797 and 1801, with particular reference to the First Amendment. 48. [Anon.] "Copyright: Titles of Newspapers and Books." Central Law Journal, 10 (January 30, February 6, 13, 1880), 82-84, 104-106, 123-126. One of few considerations of copyright law with reference to newspapers before enactment of the Copyright Act of 1909. 49. "Early Law of Criminal Libel in Massachusetts." Massachusetts Law Quarterly, 27 (October, 1942), 9-16. Excerpt from Charles Warren's History of the American Bar, citing cases to substantiate his statement that court retention of harsh common-law rules of criminal libel inflamed pubKc opinion against common law of England in general. 50. "The Growth of the Law of Libel: I. Before the Abolition of the Star Chamber." Law Magazine & Review, n.s., 3 (August, 1874), 679-691. Chiefly anecdotes of English law up to the sixteenth century; projected subsequent articles in series never appear. 51. "Newspaper Contempt Cases in Massachusetts." American Law Review, 33 (January-February, 1899), 1 1 7 - 1 2 2 . Discussion of three contemporary newspaper contempt cases arising from comments on pending trials. State courts unsympathetic toward the argument of freedom of press to make such comments. 52. "Newspaper Contempts of Court." Albany Law Journal, 3 (January 7, 1871), 1-3. Editorial criticizes sensational journals which wantonly malign the courts, but denies desire of judiciary to curb press freedom.

HISTORY

33

53. "Newspaper Law." Albany Law Journal, 19 (March 8, 15, 22, 29, 1879), 188-189, 208-209, 228-229, 248-249. Excellent résumé, from rather unsympathetic lawyer's viewpoint, of newspaper law of nineteenth century. Particular reference is made to leading journalists of the day and their editorial policies. 54. "Trial by Newspaper." Albany Law Journal, 11 (April 17, 1875), 24^-249. Editorial criticizing journalistic attacks on judges. 55.

"When Criticism of Government Was 'Libelous': Press

Freedom in the 18th Century." World's Press News, 1936), 2.

15 (May 28,

56. Brown, Thomas W. "Newspaper Trust." American Law Review, 31 (July-August, 1897), 569-577. Author sees news monopoly resulting from the succumbing of the old United Press to the old Associated Press in period before reorganization of both. Cites early monopoly suits against the AP. 57. Carroll, Thomas F . "Freedom of Speech and of the Press in the Federalist Period: the Sedition Act." Michigan Law Review, 18 (May, 1920), 615-651. Exhaustive analysis of views of leading contemporary authorities on famous law. Author concludes Congress may have such power of control of expression if necessary to execute its other powers. Cf. 47, 75, 87. 58. Crosman, Ralph L. "Legal and Journalistic Significance of the Trial of John Peter Zenger." Roc^y Mountain Law Review, 10 (January, 1938), 258-268. Famous case established for first time that truth could be a defense and that jury could judge both facts and law. 59. Faught, Albert Smith. "Three Freedoms in the Eighteenth Century and the Effect of Paper Shot." University of Pennsylvania Law Review, 94 (April, 1946), 3 1 2 - 3 2 1 . Brief historical sketch of leading sedition cases. 60. Federico, P. J. "Copyrights in the Patent Office." Journal of the Patent Office Society, 21 (December, 1939), 911-920.

34 IN T H E U N I T E D S T A T E S 61. Fenning, KarL "Copyright before the Constitution." Journal of the Patent Office Society, 17 (May, 1935), 379-385. Short sketch of colonial legislation and state laws on copyright following the Revolution and before ratification of the Constitution. 62. "The Origin of the Patent and Copyright Clause of the Constitution." Georgetown Law Journal, 17 (February, 1929), 109-117. Absence of actual words "copyright" and "patent" from Constitution seen as deliberate plan to avoid narrowing power of Congress to create means of protecting individuals in their property rights. 63. FraenkeL, Osmund K. "One Hundred and Fifty Years of the Bill of Rights." Minnesota Law Review, 23 (May, 1939), 719—775. Freedom of speech and press considered (pp. 751-762) in conjunction with historical development of constitutional liberties generally. 64. Holdsworth, W. S. "Defamation in the Sixteenth and Seventeenth Centuries." Law Quarterly Review, 40 (July, October, 1924), 302-315, 397-412; 41 (January, 1925), 13-31. Civil libel grew from common law belief that damage was recoverable for defamation; criminal libel emerged from restrictive philosophy of Court of Star Chamber. 65. "Press Control and Copyright in the 16th and 17th Centuries." Yale Law Journal, 29 (June, 1920), 841-858. Press freedom became a possibility only after the abolition of registry acts which were designed to keep printers and writers under scrutiny. 66. Lewis, William D. "The Proper Canon of Interpretation of Bills of Rights in a Written Constitution." American Law Register, n.s., 32 (July, October, November, 1893), 782-785, 971-981, 10641071. Elaborate contemporary discussion of new judicial concept of the Fourteenth Amendment as limiting state control over civil liberty; excellent for perspective in reference to this development in press freedom. 67. Masterson, Salathiel C. "Copyright: History and Development." California Law Review, 28 (July, 1940), 620-632. Historical periods in development of copyright concept include the

HISTORY

35

classical era, the Middle Ages, the era of the Stationers' Company in England, and the modern era in which rights are divided into commonlaw and statutory rights. 68. Meehan, William A. " A Pennsylvania Bill of Rights, Why?" Notre Dame Lawyer, 21 (March, 1946), 181-186. Comparison of sixteen articles of state constitution of 1778 with first ten amendments to Federal Constitution illustrates how latter evolved from Revolutionary state charters. 69. Pound, Roscoc. "Development of Constitutional Guarantees of Liberty." Notre Dame Lawyer, 20 (June, 1945), 182-229. Historical résumé of English law from medieval times to 1688. 70. Prager, Frank D. "History of Intellectual Property from 1545 to 1787." Journal of the Patent Office Society, 26 (November, 1944), 711-760. Traces beginnings in Venice, France, and America, and reprints documents dating from 1469 to 1813. 71. Rogers, Edward S. "A Chapter in the History of Literary Property: the Booksellers' Fight for Perpetual Copyright." Illinois Law Review, 5 (April, 1911 ), 551-566. Seventeenth-century courts held that though common law may give perpetual property right, statutes which limit the right to a term of years will extinguish the common-law right. 72. Saunders, E. W. "The Virginia Statute of Contempts." Virginia Law Register, 4 (September, October, 1898), 281-298, 345-361. First article evaluates state law limiting contempt power of state courts; second article compares Virginia law with that of other states. 73. Schroeder, Theodore. "Historical Interpretation of 'Freedom of Speech and of the Press.' " Central Law Journal, 70 (March n , 18, 25, 1910), 184-189, 201-211, 223-228. Famous advocate of civil liberty sketches historical evolution of theory of freedom, elements in society opposing it, interpretations of its meaning and past and present limitations upon it. 74. Seward, W. H . "Law of Libel and Slander." Western Law Journal, 2 (1844), 465.

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IN T H E UNITED STATES

75. Shientag, Bernard L. "From Seditious Libel to Freedom of the Press." Brooklyn Law Review, 11 (April, 1942), 125-154. New York supreme court justice reviews highlights in the development of freedom of press, particularly from Fox's Libel Act of 1792. 76. "The Struggle for a Free Press." New Yor\ State Bar Association Bulletin, 17 (April, 1945), 62-70. Background to Libel Act of 1805, which effectuated press freedom in the state by providing by statute that truth alone is a defense. 77. Sichert, Fredrick S. "The Regulation of Newsbooks, 1620-1640." Journalism Quarterly, 16 (June, 1939), 151-162. A review of methods of press control during and after the English Revolution. 78. "Regulation of the Press in the Seventeenth Century." Journalism Quarterly, 13 (December, 1936), 381-393. Excerpts from the records of the Court of the Stationers' Company. 79. "Taxes on Publications in England in the Eighteenth Century." Journalism Quarterly, 21 (March, 1944), 12-24. Stamp taxes were introduced as a substitute for the earlier controls by licenses and patents. Cf. 65. 80. Tribolet, Leslie Bennett. "The Early History of Electrical Communications." Air Law Review, 9 (January, 1938), 13-29. Useful background sketch of nineteenth-century communications, with some mention of the attendant international law problems. 81. Veeder, Van Vetchen. "History and Theory of the Law of Defamation." Columbia Law Review, 3 (December, 1903), 546-573; 4 (January, 1904), 33-56. 1. Investigation of earliest origins of law of defamation in common law, ecclesiastical law, and Roman law, including brief reference to history of defamation on Continent. 2. An attempt to redefine the tort of defamation in the language of modern American and English Statutes and court opinions. 82.

"The Judicial History of Individual Liberty." Green Bag,

16 (January through November, 1904), 23-32, 1 0 1 - 1 1 2 , 177-187, 2472 53> 3 I 7 - 3 2 1 . 395-4°4> 47^477, 529-538, 59i~594> 6 73-679. 7 2 5~ 73 1 -

F R E E D O M OF PRESS A N D R A D I O

37

Informal historical sketch of growth of civil liberties from 1680 to beginning of twentieth century, including details of famous state trials on sedition, libel, and press freedom. 83. Watrous, George D. "The Newspaper before the Law." Yale Law Journal, 9 (October, 1899), 1-16. Extremely sketchy outline of historical development of press freedom in the nineteenth century. 84. White, Thomas R. "Constitutional Provisions Guaranteeing Freedom of the Press in Pennsylvania." American Law Register, 52 (January, 1904), 1 - 2 1 . Comments on the free press provisions of the state constitutions of 1790 and 1873, and on the cases tried under each. See also 2, 7, 8,46, 59, 68-70, 76, 90, 92,135,138,242, 251, 450,536, 613, 901, 989, 990. FREEDOM

OF PRESS

AND

RADIO

Books 85. Brocker, Warren William. "A Study of the Meaning of 'Freedom of the Press' as Interpreted by the United States Supreme Court" (unpublished Master's thesis). Milwaukee: Marquette University, 1940. 86. Chafee, Zechariah, Jr. Freedom of Speech. New York: Harcourt, Brace & Co., 1920. 431 pp. Though now superseded by the author's later and larger study (87), this classic study contains much useful contemporary material on prosecutions during the period of the first World War. 87. Free Speech in the United States. Cambridge, Mass.: Harvard University Press, 1941. 634 pp. Authority on free speech traces gradual liberalizing of judicial and governmental attitude toward civil liberty and unpopular utterances in period between first and second World Wars. 88. Dawson, Samuel Arthur. Freedom of the Press: a Study of the Legal Doctrine of Qualified Privilege. New York: Columbia University Press, 1924. 120 pp. A definition of freedom as it is extended by the privilege of accurate reporting from court and legislative records.

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IN T H E UNITED STATES

89. Kinsley, Philip. Liberty and the Press. Chicago: Chicago Tribune, 1944. 99 pp. Chicago Tribune reporter and historian expresses his newspaper's concept of freedom as the Tribune has fought for it in cases from Henry Ford's suit of 1919 to the Associated Press case of 1943 ff. 90. Leatherwood, Dowling. The "Freedom of the Press" in Florida. Atlanta: Emory University Department of Journalism, 1938. 12 pp. Brief analysis of state's newspaper law, especially as freedom is defined by libel decisions. 91. McCormick, Robert R. The Freedom of the Press. New York: D. Appleton-Century Co., 1936. 116 pp. Collection of speeches and lectures by the publisher of the Chicago Tribune. 92. Patterson, Giles J. Free Speech and a Free Press. Boston: Little, Brown & Co., 1939. 261 pp. Excellent concise history covering European Continental backgrounds, English legal history, the history of the First Amendment, and the resultant character of freedom of speech and press in the United States today. 93. Whipple, Leon. Story of Civil Liberty in the United States. New York: Vanguard Press, 1927. 366 pp. Somewhat overpopularized, but useful as a summary of suppressive measures in the United States in the nineteenth and early twentieth centuries. Articles 94. [Anon.] "The AP and a Free Press." Lawyers' Guild Review, 4 (June-July, 1944), 29-30. 95. "The Bill of Rights and the Fourteenth Amendment." Columbia Law Review, 31 (March, 1931), 468-476. Restrictions on the Federal government under the First Amendment have in recent years been extended to state government under the Fourteenth Amendment. 96.

"Communications Act, Section 315, Censorship, Equal

F R E E D O M OF PRESS A N D R A D I O

39

Facilities for Political Candidates." Air Law Review, 7 (July, 1936), 3i3-3i7Individual radio stations, rather than the Federal government, are believed to have primary responsibility in making airways equally available. 97. "Court Voids Louisiana Newspaper Tax in Epochal Free Press Decision." Editor & Publisher, 69 (February 15, 1936), 4. Text of decision, together with complete background of newspaper fight on Huey Long's tax on advertising revenues of certain Louisiana publications. 98. "Freedom of Discussion of Controversial Issues over the Air." Air Law Review, 12 (October, 1941), 372-378. 99. "Freedom of Radio Speech." Harvard Law Review, 46 (April, 1933), 987-993. Editorial note criticizes old Federal Radio Commission for its policy of renewing broadcasting licenses on terms tending to jeopardize freedom of speech over the air. 100. "Freedom of the Press to Publish Reports of Current Judicial Proceedings." Yale Law Journal, 45 (December, 1935), 360363Note discusses briefly what may constitute "obstruction of justice" in newspaper's exercise of its privilege to quote from public records. 101. "Radio Regulation and Freedom of the Air." Harvard Law Review, 54 (May, 1941), 1220-1228. Discusses ( 1 ) government regulation through the Federal Communications Commission, and (2) self-regulation through N A B Compliance Committee on the Code of Ethics. 102. "Right of a Corporation to Freedom of Speech." Harvard Law Review, 48 (January, 1935), 507-508. 103. "What Is Free Speech under the Constitution?" Illinois Law Review, 19 (November, 1924), 124-147. Exchange of letters on the subject between Sveinbjorn Johnson, North Dakota attorney-general, and Roger N. Baldwin, director of the Civil Liberties Union.

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104. Barber, Oren G. "Competition, Free Speech and FCC Radio Network Regulation." George Washington Law Review, 12 (December, 1943), 34-53Discusses free speech principles involved in government efforts to compel revision of network structure to foster competition. 105. Black, Forrest R. "The Vanishing Bill of Rights." American Law Review, 61 (March-April, 1927), 227-245. Informal discussion of the weakening of American civil liberties in the era of the first World War and the years following. 106. Blackburn, A. F. "Recent Decisions on the Extensive and Intensive Aspects of the Guarantee of Free Speech and Free Press." Ohio State Law Journal, 5 (December, 1938), 89-98. 107. Boudin, L. B. "Freedom of Thought and Religious Liberty under the Constitution." Lawyers' Guild Review, 4 (June-July, 1944), 9-24. 108. Carter, J. S. "Freedom of Speech and the Press, Nuisance, Power of State to Enjoin Publication of Newspaper as Public Nuisance." Cornell Law Quarterly, 17 (December, 1931), 126-131. Brief discussion of Supreme Court decision on the Minnesota "gag law" and its historical background. 109. Chafee, Zechariah, Jr. "The Bill of Rights Belongs to the People." Bill of Rights Review, 2 (Winter, 1942), 92-98. Brief reaffirmation of Professor Chafee's credo of liberty. 110. "Freedom of Speech in War Time." Harvard Law Review, 32 (June, 1919), 932-973. Contains excellent bibliography of many articles and pamphlets on the subject. This article forms part of the opening chapter of the author's Freedom of Speech (86). n r . Clark, Grenville. "The Limits of Free Expression." United States Law Review, 73 (July, 1939), 392-404. Discusses recent cases on freedom of assembly, radio censorship, and flag saluting. 1 1 2 . Cook, Harold M. "Freedom of Speech and Press v. National Security." Alabama Lawyer, 3 (January, 1942), 78-89. Review of free speech cases of the first World War period in considera-

F R E E D O M OF PRESS A N D R A D I O

41

tion of conditions at the time of America's entry into the second World War. 1 1 3 . Corwin, Edwin S. "Freedom of Speech and Press under the First Amendment: a Résumé." Yale Law Journal, 30 (1920), 48-55. Comparison of Sedition Act of 1797 and Espionage Act of 1917; author concludes that "the cause of freedom of speech and press is largely in the custody of legislative majorities and juries." 1 1 3 a . [Anon.] " A Note on Professor Corwin's Article." Yale Law Journal, 30 (1920), 68. Editorial comment on Professor Corwin's conclusion, pointing out that other authorities view the First Amendment as beyond the reach of political majorities. 114. Cushman, Robert E. "Civil Liberties" (Part IV of "American Government in War Time: the First Year"). American Political Science Review, 37 (Fall, 1943), 49-56. Cornell University constitutional scholar attributes the greater tolerance in the second World War to more mature public opinion on freedom in wartime, as well as to the reaction of the public to Axis suppressions. 115. "Some Constitutional Problems of Civil Liberty." Boston University Law Review, 23 (June, 1943), 335-378. First part of article discusses growth of freedom under the First Amendment since the first World War. Cf. 87. 116. Danahey, J. D., and D. A. Ruen. "Freedom of Speech and Press, Extension of Personal Rights under Fourteenth Amendment." University of Detroit Law Journal, 3 (January, 1940), 80-85. 1 1 7 . Deutsch, Eberhard P. "Federal Equity Jurisdiction in Cases Involving the Freedom of the Press." Virginia Law Review, 25 (March, 1939). 5 0 7-527A somewhat technical discussion of equity relief from local laws that infringe upon press freedom. 118. Foster, George, Jr. "The 1931 Personal Liberties Cases." New Yor\ University Law Quarterly Review, 9 (September, 1931), 64-81. Case study of California "red flag" statute and Minnesota "gag law" and their judicial background.

42

IN T H E UNITED STATES

1 1 9 . Fraenkel, Osmund K . "Judicial Review and Civil Liberties." Brooklyn Law Review, 6 (May, 1937), 409-422. Critical analysis of the effects of the Supreme Court decisions on social legislation, made by a reactionary majority. 120. "War, Civil Liberties, and the Supreme Court, 1941 to 1946." Yale Law Journal, 55 (June, 1946), 715-734. Chiefly on Japanese-American civil rights, but useful as a general survey of liberty in war time. 1 2 1 . Friedrich, C. B. "Rights, Liberties, Freedoms." University of Pennsylvania Law Review, 91 (December, 1942), 312-320. Discussion of the legal protection of freedom as a phenomenon in the science of government, determining the individual's relation to society. 122. Goodrich, Herbert F. "Does the Constitution Protect Free Speech?" Michigan Law Review, 19 (March, 1921), 487-500. Mass hysteria of the first World War illustrates how minority rights may be jeopardized despite the letter of the law. 123. Haight, George I. "Freedom of Speech and of the Press—Now." Bill of Rights Review, 1 (Summer, 1941), 278-285. 124. Hale, Robert L. "Our Equivocal Constitutional Guarantees. Treacherous Safeguards of Liberty." Columbia Law Review, 39 (April, 1939). 5 6 3-594Unless public opinion is aroused, practical experience shows that fundamental liberties may be "manipulated out of existence" without changing the letter of the law. Cf. 122. 125. Hall, John M. "Preserving Liberty of the Press by the Defense of Privilege in Libel Actions." California Law Review, 26 (January, 1938), 226-239. Were it not for the doctrine of qualified privilege, libel actions might hamstring press efforts to inform the public on matters of public interest. Cf. 88. 126. Hays, Arthur Garfield. "Civil Liberties in War Time." Bill of Rights Review, 2 (Spring, 1942), 170-182. A civil-liberties champion warns against a recurrence of the prosecu-

F R E E D O M OF PRESS A N D R A D I O

43

tions of the first World War period for antiwar utterances and other unpopular activities. 127. Hutchinson, H. Kenneth. "Civil Rights in Ohio." University of Cincinnati Law Review, 12 (January, 1938), 60-74. In general, this is a discussion of Ohio statutes forbidding discrimination against Negroes; one newspaper case is considered (p. 65). 128. Jarett, Lawrence. "Circulation as an Essential Element of a Free Press." St. John's Law Review, 13 (November, 1938), 81-93. Reviews cases involving the question of distribution of" literature by mail and by hand. 129. Johnson, Gerald W. "Freedom of the Newspaper Press" (in "Freedom of Inquiry and Expression"). Annals of the American Academy of Political and Social Science, 200 (November, 1938), 60-75. Baltimore Sun editor briefly summarizes constitutional liberty of the press as affected by public opinion, changes in American journalism itself, social taboos, and so on. 130. L., C. T. "Constitutional Law, Fourteenth Amendment, 'Liberty' as Including Freedom of Speech." Virginia Law Review, 14 (November, 1927), 49-55. Judicial expansion of the term "liberty" in the Fourteenth Amendment has resulted in the application to the states of the free speech principles of the First Amendment. 1 3 1 . Michael, Kenneth E. "Freedom of the Press under Our Constitution." West Virginia Law Quarterly, 33 (December, 1926), 2963. Comparison of free press cases under the Federal and West Virginia constitutions. 132. Peairs, C. A., Jr. "Freedom of the Press." Kentucky Law Journal, 28 (May, 1940), 369-410. The author concludes that whenever political or moral issues reach a crisis, popular feeling is apt to jeopardize the freedom of the minority. 133. Pinsky, Abraham. "Freedom of Speech under Our Constitutions." West Virginia Law Quarterly, 31 (June, 1925), 273-292. Considers primarily cases arising under the free speech clause of the constitutions of West Virginia and other states. Cf. 131.

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IN T H E UNITED STATES

134. Pressley, Harold, Jr. "Expanding Civil Liberties in the Supreme Court." Texas Law Review, 22 (February, 1944), 230-235. Traces court rulings indicating the view in recent years that municipal ordinances restricting freedom of speech and press are unconstitutional. 135. Remmo, C. G. "Freedom of the Press." Notre Dame Lawyer, 20 (March, 1945), 314-321. Sketchy review of struggle for freedom, which today is limited only by laws on obscenity and wartime sedition. 136. Rosenfeld, Herman, and Harold Tannen. "Civil Liberties under the Roosevelt Administration." Lawyers' Guild Review, 5 (May-June, 1945), 182-184. Varied court interpretations viewed as result of a tendency to fit the law to each situation as it was presented. 137. Rowell, Chester H. "Freedom of the Press" (in "The Constitution in the Twentieth Century"). Annals of the American Academy of Political and Social Science, 185 (May, 1936), 182-189. San Francisco Chronicle editor illustrates indirect restrictions on press freedom by subscribers, advertisers, and business practices. 138. Schofield, Henry. "Freedom of the Press in the United States." Publications of the American Sociological Society, 9 (1915), 62-117. One of the classic expressions of American press freedom, based upon exhaustive historical analysis. Certain parts of the exposition have been obsoleted by later court decisions. 139. Seaman, John N. "Constitutional Law, Freedom of the Press, Freedom of Speech and Assembly, Police Power." Michigan Law Review, 37 (February, 1939), 609-613. 140. Silverstein, Hyman C. "Constitutional Law, Freedom of the Press." Boston University Law Review, 16 (November, 1936), 919922. Brief comment on the Louisiana Tax Case. 141. Smith, Walter George. "Civil Liberty in America." American Bar Association Journal, 4 (October, 1918), 551-566. An apology for first World War restrictions that were imposed as an antidote to German propaganda. 142.

Snyder, Orville C. "Freedom of the Press—Personal Liberty or

F R E E D O M OF PRESS A N D R A D I O

45

Property Liberty?" Boston University Law Review, 20 (January, 1940), 1-22. Interesting thesis that publishing news for profit is a property right rather than a personal liberty, and should be so regarded at law. 143. Sommer, Frank H . "The Fading Bill of Rights." New Yorl^ University Law Quarterly Review, 4 (February, 1927), 10-34. Author sees the restrictive state legislation of the 1920s as evidence of a waning public concern for liberty and as an indication that infringements are more likely to come from the states than from Congress. 144. Sprague, Stewart. "Freedom of the Air." Air Law Review, 8 (January, 1937), 30-45. Conflicting decisions of state courts as to what constitutes radio defamation, negligence of a broadcaster, and so on, prevents satisfactory definition of freedom of radio speech. 145. "More Freedom of the Air." Air Law Review, 11 (January, 1940), 17-28. Review of legislation in certain states which attempts to relieve broadcasters of responsibility for certain types of extemporaneous radio defamation. 146. Swisher, Carl Brent. "Civil Liberties in Wartime." Political Science Quarterly, 55 (September, 1940), 321-347. Review of popular prejudices against minorities during the first World War. 147. Vance, W. R. "Freedom of Speech and of the Press." Minnesota Law Review, 2 (March, 1918), 239-260. An analysis of the sedition law of the first World War. The author concludes that Congress may punish utterances which obstruct war measures but not the comments upon such measures. 148. Veeder, Van Vetchen. "Freedom of Public Discussion. Its Nature and Extent in Questions of Public Interest." Harvard Law Review, 23 (April, 1910), 413-440. Fair comment examined as an element in freedom of speech. 149.

Walsh, J. Herbert. "Is the New Judicial and Legislative Inter-

46

IN T H E U N I T E D STATES

pretation of Freedom of Speech and of the Press, Sound Constitutional Development?" Georgetown Law Journal, 21 (November, 1932, January. i933)> 35"5°. 161-191. Traces the development of the modern legal concept of freedom from experience with the Sedition Act of 1797, Blackstone's theory, the Espionage Act of 1917, anarchy statutes, 'postal laws, and the Fourteenth Amendment. 150. Weinblood, A. "Taxation and Freedom of the Press." Journal of the Bar Association of Kansas, 6 (May, 1938), 343-344. 151. Wilkinson, Vernon L. "The Federal Bill of Rights and the Fourteenth Amendment." Georgetown Law Journal, 26 (January, I93 8 ). 439-467Author illustrates extension to the states, through the Fourteenth Amendment, of original restrictions placed on the Federal government by the first eight Amendments. The First Amendment is covered on PP- 443-446. 152. Willis, Hugh E. "Freedom of Speech and of the Press." Indiana Law Journal, 4 (April, 1929), 445-455. Author believes that while courts may apply reasonable restrictions on freedom in the public interest, such power should rest upon a careful definition of what constitutes the public interest. 153. Yankwich, Leon R. "Freedom of the Press in Prospect and Retrospect." Southern California Law Review, 15 (March, 1942), 322339Federal district judge informally reviews leading civil liberties cases of past and present. See also 1, 3, 8, 66, 68, 73, 75, 76, 82, 84, 136, 259, 352, 492, 497, 516, 811, 814, 815, 822, 841, 852, 901, 920. CENSORSHIP

AND CONTROL

OF SPEECH

AND

PRESS

Boo^s 154. Doan,-Edward N. "The Basis and Operation of Wartime Censorship in the United States" (unpublished doctoral dissertation). Madison, Wise.: University of Wisconsin, 1945.

CENSORSHIP

47

155. Freund, Ernst. The Policc Power, Public Policy and Constitutional Rights. Chicago: Callaghan & Co., 1904. 819 pp. Classic study of inherent power of government to protect general welfare. Résumé of government power over billboard advertising, lotteries, obscene publications, and freedom of speech and press, sections 471-479. 156. Jessup, Henry W . Bill of Rights and Its Destruction by Alleged Due Process of L a w . Chicago: Callaghan 8c Co., 1927. 87 pp. Criticized as being historically inaccurate, this monograph seeks to demonstrate how the Federal government has usurped certain powers. 157. McClellan, Sidney. "Censorship of Radio Broadcasts" (unpublished doctoral dissertation). Washington: Georgetown University, 1938. 158. Mock, James Robert. Censorship, 1917. Princeton, N . J . : Princeton University Press, 1941. 250 pp. Case study of censorship policies and practices during the first World War. 159. Office of Censorship. Code of Wartime Practices for the American Press. Washington: Government Printing Office, 1942-1945. 14 pp. Handbook for voluntary censorship observed by American newspapers during the second World War. 160. Code of Wartime Practices for Radio Broadcasters. Washington, D.C.: Government Printing Office, 1942-1944. 8 pp. Similar to 159. 1 6 1 . Phillips, Martha Ardis. " T h e Legal Restrictions of the Press in T e x a s " (unpublished Master's thesis). Austin, Tex.: University of Texas, 1930. 162. Schroeder, Theodore. A Challenge to Sex Censors. N e w Y o r k : Privately printed, 1938. 159 pp. These and succeeding titles form a veritable library of the arguments for the right of minority expression over the last three decades. 163. Constitutional Free Speech Defined and Defended. N e w Y o r k : Free Speech League, 1919. 456 pp.

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IN T H E UNITED STATES

164. The Criminal Anarchy Law and Suppressing the Advocacy of Crime. New York: Mother Earth Publishing Co., 1907.' 16 pp. 165. Free Speech for Radicals. New York: Free Speech League, 1912. 81 pp. 166. 18 pp.

Law of Blasphemy. New York: Free Speech League, 1919.

167. "Obscene" Literature and Constitutional Law. New York: Privately printed, 1 9 1 1 . 439 pp. 168. U.S. Army. General Staff. War Plans Division. The Proper Relationship Between the Army and the Press in Time of War. Washington: Government Printing Office, 1916. 13 pp. A concise expression of military law relating to correspondents, military information, censorship, and the like. Articles 169. Alpert, Leo M. "Judicial Censorship of Obscene Literature." Harvard Law Review, 52 (November, 1938), 40-76. Illustrations from the seventeenth to the twentieth century of efforts to control the press through charges of publishing obscenities. 170. [Anon.] "Baillie Warns of 'Halter' in Licensing Laws." Editor & Publisher, 70 (November 20, 1937), 8. United Press president warns of domestic and foreign efforts at curbing press freedom through the license system. 171. "Censorship of Script of Commercial Program by a Broadcasting Station Not a Violation of Free Speech." Air Law Review, 12 (April, 1941), 228-230. 172. "Federal Sedition Bills: Speech Restrictions in Theory and Practice." Columbia Law Review, 35 (January, 1935), 917-927. Review of various repressive measures introduced in Congress. 173. "Free Speech and State's Power to Prohibit Offensive Language." Bill of Rights Review, 1 (Summer, 1941), 310-312. This comment on a New Hampshire case defines the power to punish offensive language which is not obscene or defamatory.

CENSORSHIP

49

174. "Indirect Censorship of Radio Programs." Yale Law Journal, 40 (April, 1931), 967-973. Review of instances in which the Federal Radio Commission refused to renew licenses of certain broadcasters. 175. "Insurrection and Sedition, Criminal Syndicalism." New Yor\ University Law Quarterly Review, 14 (March, 1937), 369-375. An argument that syndicalism laws are constitutional because they punish the advocacy of crime. 176. "Presses Halted by Judge to Kill O'Hara Statement." Editor & Publisher, 70 (December 4, 1937), 4. Important news story on de facto censorship of a newspaper by a Rhode Island judge in a controversial law case. 177. "Previous Restraints upon Freedom of Speech." Columbia Law Review, 31 (November, 1931), 1148-1155. Well-documented summary of what is and what is not protected under free speech clause of Constitution. 178. "Radio Censorship and the Federal Communications Commission." Columbia Law Review, 39 (March, 1939), 447-459. Editorial note argues that the renewal of broadcasting licenses amounts to a governmental control over broadcast material. 179. "Recent Limitations on Free Speech and Free Press." Yale Law Journal, 48 (November, 1938), 54-80. Discussion of recent contempt cases including the Los Angeles Times case in its early stages, and certain cases under the Wagner Act. 180. "Refusal to Renew Radio Broadcasting License Because of Objectionable Matter Broadcast as a Denial of Freedom of Speech." Virginia Law Review, 19 (June, 1933), 870-872. F C C licensing power is seen as having the effect of censorship in certain cases. Cf. 174, 178, 189. 181. "Right to Restrain the Right of Free Speech or a Free Press When Necessary to Make Effective the Terms of an Injunction Restraining a Boycott." Central Law Journal, 68 (March 19, 1909), 207208. Brief comment on famous contempt case involving the American Federation of Labor.

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IN T H E UNITED STATES

182. "Scope of Statutes Censoring Obscene Literature." Illinois Law Review, 40 (January-February, 1946), 417-421. The power of courts to include, as obscene, publications other than pornographic is viewed as a potential threat to press freedom. 183. "Seditious Political Propaganda." Case & Comment, 28 (January-February, 1922), 297-299. 184. "Tennessee Press Gag Bill Defeated." Editor & Publisher, 70 (February 20, 1937), 38. State proposal to punish publication of false reports voted down; typical of restrictive measures proposed in various states. 185. Baiter, Harry Graham. "Some Observations Concerning the Federal Obscenity Statute." Southern California Law Review, 8 (June, 1935)» 267-287. Considers constitutionality of such laws, tests of obscenity, and the means to control obscenity other than by criminal prosecutions. 186. Biddle, Francis. "Civil Rights in Time of Stress." Bill of Rights Review, 2 (Fall, 1941), 13-22. United States Attorney General discusses circumstances when general welfare may require temporary control of minority dissention. 187. Bikle, Henry Wolf. "The Jurisdiction of the United States over Seditious Libel." American Law Register, 50 (January, 1902), 1-26. Somewhat tenuous argument that such power does exist. 188. Black, Forrest R. "Debs v. the United States—a Judicial Milepost on the Road to Absolutism." University of Pennsylvania Law Review, 81 (December, 1932), 160-175. Famous civil liberties case viewed, in the retrospect of a decade, as a deliberate ignoring of the guarantees of the First Amendment in order to "get" Debs. 189. Caldwell, E. C. "Censorship of Radio Programs." Journal of Radio Law, 1 (October, 1931), 441-476. Historical résumé of the development of freedom of speech as a background to modern problems of radio freedom. 190. Carrington, Walter. "Laws to Suppress Anarchy and Sedition." Virginia Law Register, n.s., 5 (December, 1919), 606-609. Author approves the extreme view of the Missouri Bar Association

CENSORSHIP

51

that state and Federal governments should proscribe radical utterances. 191. Carroll, Thomas F. "Freedom of Speech and of the Press in War Time: the Espionage Act." Michigan Law Review, 17 (June, 1919), 621-665. Efforts at control during the first World War included an unsuccessful attempt at statutory censorship, a policy of exclusion from the mails and from interstate commerce, the prosecution of disloyal utterances, and so on. 192. Chafee, Zechariah, Jr. " A Contemporary State Trial—the United States v. Jacob Abrams et als." Harvard Law Review, 33 (April, 1920), 747-774. Thorough analysis and criticism of a famous sedition case of the first World War, with a review of American legal theory of freedom of speech. 192a. [Anon.] (Special Report). Harvard Law Review, 35 (November, 1921), 9-14. Vindication of Professor Chafee by a special university investigating committee appointed in answer to the reaction to the above article; Professor Chafee also includes certain additional statements and revisions of earlier statements, but reaffirms his earlier conclusions. 193. Chapman, Leland L . "Power of the Federal Radio Commission to Regulate or Censor Radio Broadcasts." George Washington Law Review, 1 (March, 1933), 380-385. Commission may deny licenses on the basis of program matter because "the people, through . . . the Commission, . . . are choosing the broadcasts they desire." 194. Cohn, Morris E. "Censorship of Radical Materials by the Post Office." St. Louis Law Review, 17 (February, 1932), 95-119. Denial of the use of mails or of admission to second-class matter is held to be a violation of the right to freedom of expression. 195. Culp, Maurice S. "Restraints on Publication." Michigan Review, 30 (December, 1931), 279-281. 196.

Frank, John P. "Ex Parte Milligan v. The Five

Law

Companies.

52

IN T H E U N I T E D STATES

Martial Law in Hawaii." Columbia Law Review, 44 (September, 1944), 639-668. Includes brief reference to press censorship in Hawaii after the attack on Pearl Harbor. 197. Friedrich, Carl J., and Evelyn Sternberg. "Congress and the Control of Radio Broadcasting." American Political Science Review, 37 (October, December, 1943), 797-818, 1014-1026. Researchers in a communications seminar at Harvard University sketch the history of control over radio by Congressional acts and commission administration, and recommend standing Congressional committee of specialists on communications to keep the law up to date. 198. Garrett, G. P. "Free Speech and the Espionage Act." Journal of the American Institute of Criminal Law and Criminology, 10 (May, 1919), 71-75. 199. Gibbons, Robert D. "Recent Legislative Attempts to Curb Subversive Activities in the United States." George Washington Law Review, 10 (November, 1941), 104-126. 200. Grant, Sidney S., and S. E. Anzoff. "Massachusetts and Censorship." Boston University Law Review, 10 (January, April, 1930), 3660, 147-194. Primarily a historical review of literary, stage, and motion picture censorship; newspaper censorship discussed on pp. 158-162. 201. "Recent Developments in Censorship." Boston Law Review, 10 (November, 1930), 488-509. Discussion of current cases and legislative proposals.

University

202. Grasty, Charles H., and Others. "Reasonable Restrictions upon Freedom of the Press." Proceedings of the American Sociological Society, 9 ( 1 9 1 5 ) , 1 1 7 - 1 3 2 . Discussion of Professor Schofield's paper on press freedom (138). 203. Hart, Fred B. "Power of Government over Speech and Press." Yale Law Journal, 29 (January, 1920), 410-428. Discussion of contemporary background to enactment of the First Amendment, on the basis of which the author argues that the Sedition Act of 1917 was justified as part of the government's power to punish statements advocating disobedience to law.

CENSORSHIP

53

204. Jones, J. E. "Licensing of Press Proposed in Nebraska Bill." Publishers' Auxiliary, 72 (February 20, 1937), 1. See 184. 205. Kadin, Theodore. "Administrative Censorship: a Study of the Mails, Motion Pictures and Radio Broadcasting." Boston University Law Review, 19 (November, 1939), 533-585. Obscenity and political bias have been charges upon which motion picture and mail controls have been based; controversial social issues have been barred over the radio. 206. Kassner, Minna F. "Radio Censorship." Air Law Review, 8 (April, 1937), 99-111. Official censorship seen in F C C licensing power; unofficial censorship takes the form of a station's refusal to allow broadcast time to an applicant. 207. Lee, Alfred McClung. "Violations of Press Freedom in America." Journalism Quarterly, 15 (March, 1938), 19-27. Many nonlegal forces seen working to control free expression. 208. Lesher, Dean. "What Do the Espionage and Sedition Acts Forbid?" Journal of the State Bar of California, 17 (July-August, 1942), 204-213. California newspaper publisher discusses the historical background for wartime acts, practical needs for wartime controls, and general principles laid down by the courts during the first World War. 209. Mattison, Walter J. "Restraints on Freedom of the Press." Marquette Law Review, 13 (December, 1928), 1-8. 210. O'Donnell, T. J. "Military Censorship and the Freedom of the Press." Virginia Law Review, 5 (December, 1917), 178-189. Somewhat emotional argument that wartime censorship power is inherent in government and is absolute. 2 1 1 . Payne, John C. "Certain Limitations upon the Rule That Publications Shall Not Be Subject to Prior Restraints." Seldon Society Year Boo^ (South Carolina), 2 (January, 1938), 7-18. Wartime controls and the need to enforce injunctions have been cited by courts in the past as justifying certain press controls.

54

IN T H E U N I T E D STATES

212. Price, Byron. "Censorship and Free Speech." Indiana Law Journal, 18 (October, 1942), 17-22. Informal discussion of voluntary censorship by the Director of the Office of Censorship during the second World War. 213. "Governmental Censorship in War-Time." American Political Science Revieu/, 36 (October, 1942), 837-849. Stresses that in a democracy censorship is only justified as a security measure in time of war, and as a voluntary practice. 214. Rosenberg, James N . "Censorship in the United States." Law Notes, 32 (June, July, 1928), 49-53, 67-70. Though chiefly devoted to theatrical censorship, this sketch is useful as a background to radio censorship questions. 215. Shriver, H. C., and Cedric Larson. "Mars with a Blue Pencil: the U.S. Censorship Board of 1917-18." Bill of Rights Review, 1 (Summer, 1941), 293-302. Brief description of the operation of censorship in the first World War. 216. "Office of Censorship." Bill of Rights Review, 2 (Spring, 1942), 189-200. Preliminary evaluation of the censorship program of the second World War and the journalistic problems it faced. 217. Siegel, Seymour N . "Censorship in Radio." Air Law Review, 7 (January, 1936), 1-24. Interesting comparison of a situation in which press freedom has been upheld and radio freedom denied on similar grounds. 218. Swancara, Frank. "Fundamentalism and the Law." United States Law Review, 65 (November, 1931), 592-604. Blasphemy statutes, still on the books of most states, are occasionally cited to combat radical publications which incidentally mention atheism. 219. V., A. G. "State Control of Political Thought." University of Pennsylvania Law Review, 84 (January, 1936), 390-399. Analysis of certain state sedition laws and their constitutionality; subsequent Supreme Court decisions have rendered much of this academic.

A C C E S S T O P U B L I C RECORDS

55

220. W., L. M. "Alleged Obscenity as a Cause of Suppression." Virginia Law Review, 9 (January, 1923), 216-220. 221. Waite, John B. "Administrative Censorship—the Esquire Decisions." Michigan Law Review, 43 (June, 1945), 1172-1180. Court curtails postal censorship in interest of wider press freedom. 222. Wallace, M. G. "Constitutionality of Sedition Laws." Virginia Law Review, 6 (March, 1920), 385-399. Interesting argument that the original intent of the framers of the Constitution was to limit control of sedition to states, but that in modern communications age the power should be restored to Congress. 223. Warner, David R. "Criminal Syndicalism." Nebraska Law Bulletin, 14 (May, 1936), 365-384. 224. Werne, Benjamin. "Freedom of Speech and Press—Some Recent Restraints." Editor & Publisher, 72 (August 26, 1939), 28. The author views the growth of administrative controls over newspaper business activities as a potential danger to publishing freedom. 225. Wigmore, John Henry. "Abrams v. U.S.: Freedom of Speech and Freedom of Thuggery in War-Time and Peace-Time." Illinois Law Review, 14 (March, 1920), 539-561. Vigorous criticism of minority argument for freedom in famous sedition case; famous authority on evidence holds the argument "poor law and poor policy." Cf. 192. See also 1, 2, 45-47, 55, 57, 59, 65, 77, 105, 112, 120, 126, 146, 157, 182, 22I

> 723> 725> 73 1 » 738» 739» 747. 760» 799> 812-814, 817, 818, 820, 846, 895-898, 900, 921. ACCESS

TO PUBLIC

RECORDS

226. Siebert, Fredrick S. "Newspapers' Rights to Public Records." Editor & Publisher, 62 (March 8, 1930), 1 1 . 227. Steigleman, Walter A. "The Legal Problem of the Police Blotter." Journalism Quarterly, 20 (March, 1943), 30-39. Survey of state laws and court cases indicates that police blotter news is published by newspapers generally at their own risk.

56

IN T H E UNITED STATES

228. Wolf, Walter B. "Newspaper Reporting of Decisions." Journal of the American Judicature Society, 7 (June, 1923), 25-27. Author urges American newspapers to adopt English journalistic practice of reporting decisions verbatim to insure accuracy. See also 1, 7, 100. LIBEL—NATURE

AND

CHARACTERISTICS

Booths 229. American Law Institute. Restatement of the Law of Torts. Vol. III. St. Paul, Minn.: American Law Institute Publishers, 1938. 759 pp. Famous project to effect a modern definition of American law contains a concise expression of misrepresentation (Div. IV, Chs. 22, 23), defamation (Div. V, Chs. 24-27), and disparagement (Div. VI, Ch. 28). 230. Bigelow, Melville M. Law of Torts. 8th ed. Boston: Little, Brown & Co., 1907. 502 pp. Good exposition of an older view of subject. Ch. 4 covers slander of title, Ch. 9 slander and libel. 231. Bohlen, Francis Hermann. Studies in the Law of Torts. Indianapolis: Bobbs-Merrill Co., 1926. 699 pp. Collection of fifteen essays written since the beginning of twentieth century; of only general background interest. 232. Burdick, Francis Marion. The Law of Torts. 4th ed. Albany, N.Y.: Banks & Co., 1926. 617 pp. Ch. i has useful historical outline of the development of tort law; Ch. 2 discusses harms which are not torts; Ch. 9 is an excellent short statement of the law of defamation. 233. Chapin, H. Gerald. Handbook of the Law of Torts. St. Paul, Minn.: West Publishing Co., 1917. 695 pp. Early reference book on subject, now superseded by Prosser (247). 234. Cooley, Thomas Mclntyre. A Treatise on the Law of Torts. Edited by Archibald H. Throckmorton. Revised students' ed. Chicago: Callaghan & Co., 1930. 808 pp. Contains a valuable exposition of the subject but is inclined to wander

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into other fields: Ch. 9 covers libel and slander and Ch. 10 the invasion of privacy as a tort; but Ch. 21 takes up copyright, trade marks, and unfair competition. 235. Dorward, Theo Estine. " T h e Development of the Civil Libel L a w in Texas as It Concerns Newspapers" (unpublished Master's thesis). Austin, Texas: University of Texas, 1940. 236. Edgar, David Stewart, and David Stewart Edgar, Jr. L a w of Torts. 3d ed. Brooklyn: Helton-Palmetto Press, 1936. 256 pp. Recommended for beginning students wishing an accurate and concise statement of the whole field of torts. 237. Harper, Fowler Vincent. Treatise on the L a w of Torts. Indianapolis: Bobbs-Merrill Co., 1933. 7 1 4 pp. Because the author has deliberately sought to integrate the whole field of torts to prove his thesis that torts are a social remedy increasingly important in the adjustments within modern society, a researcher in libel must read many general chapters to obtain all therein on the subject. Valuable introduction to advanced study in libel law. 238. Hatch, Azel Farnsworth. Statutes and Constitutional Provisions of the States and Territories of the United States and the Statutes of England on Libel and Slander. Brooklyn: Press of the Eagle Printing Dept. 1895. 162 pp. Early compilation by American Newspaper Publishers Association. 239. Henderson, William G . A Concise Summary of the L a w of Libel as It Affects the Press. Rutherford, N.J.: Chemical Bank Note Co., 1915. 120 pp. 240. Jensen, William P. "Newspaper Libel in I o w a " (unpublished Master's thesis). Lawrence, Kans.: University of Kansas, 1940. 2 4 1 . Johnson, Edwin Hennessy. "What Constitutes a Libel in Missouri?" (unpublished Master's thesis). Columbia, Mo.: University of Missouri, 1938. 242. Kent, James. Commentaries on American L a w . Edited by William Hardcastle Browne, n t h ed. Vol. II. St. Paul, Minn.: West Publishing Co., 1894. 926 pp. Famous N e w York jurist's statements on libel and slander are found on pp. 16-26.

58

IN T H E UNITED S T A T E S

243. Mapel, William L. Be Careful What You Print! (Washington & Lee Journalism Bulletin Series 32:14). Lexington, Va.: Washington & Lee University, 1933. A service bulletin for working newspapermen, chiefly on the subject of libel. 244. Merrill, SamueL Newspaper Libel. Boston: Ticknor & Co., 1888. 3°4 PPA pioneer work in American journalistic law, and still a good statement of the fundamental principles of libel law. 245. Newell, Martin L. The Law of Slander and Libel in Civil and Criminal Cases. Edited by Mason H. Newell. 4th ed. Chicago: Callaghan & Co., 1924. 1109 pp. Leading American treatise on the subject, although badly in need of revision. Excellent selection of American cases, both state and Federal, and cases from many parts of the British Empire. The chief weakness is with reference to radio defamation. 245a. The Law of Defamation, Libel and Slander in Civil and Criminal Cases as Administered in the Courts of the United States of America. Chicago: Callaghan & Co., 1890. 1025 pp. First edition of 245. 245b. The Law of Libel and Slander in Civil and Criminal Cases as Administered in the Courts of the United States of America. Chicago: Callaghan & Co. 1898. 1025 pp. Second edition of 245. 245c. The Law of Slander and Libel in Civil and Criminal Cases. Edited by Mason H. Newell. Chicago: Callaghan & Co., 1914. 1 3 1 8 pp.

Third edition of 245. 246. Pitt, W. P. "The L a w of Libel in West Virginia" (unpublished Master's thesis). New York: Columbia University, 1930. 247. Prosser, William L. Handbook on the Law of Torts. St. Paul, Minn.: West Publishing Co., 1941.1309 pp. Excellent short treatise on general law of which defamation is part. Ch. 16 covers misrepresentation, Ch. 17 defamation, Sec. 106 injurious

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falsehood, and See. 107 the right of privacy. The author stresses developments in tort law since 1900. 248. Redman, Albert E. "Criminal Libel and Ohio Laws Concerning Libel" (unpublished Master's thesis). Columbus, O.: Ohio State University, 1923. 249. Sackett, Henry W . The Law of Libel. New York: Columbia University Press, 1929. 23 pp. Designed as a brief handbook for working newspapermen; includes practical hints as to how to guard against libel. Cf. 330. 250. Seelman, Ernest P. Law of Libel and Slander in the State of New York. Albany, N . Y . : Williams Press, 1933. 742 pp. Supp., 1941. 180 pp. Most comprehensive study yet made of libel law within the boundaries of one state's laws and court cases. It suffers somewhat from a deliberate plan not to "seek precedent without the state" and not to refer to other general works. Criminal libel and slander of title are also omitted, but within its fixed bounds it is exhaustive and invaluable as an exposition of the law of one of the leading states. 251. Street, Thomas Atkins. The Foundations of Legal Liability. Vol. I. 500 pp. Northport, N.Y.: Edward Thompson Co., 1906. This volume is devoted entirely to the historical development of tort law. Ch. 19 covers early history of libel, Ch. 20 elementary forms of libel and its defenses, Ch. 22 defamation of goods and Ch. 29 unfair competition in trade names and trade marks. 252. Texas Associated Press Managing Editors Association. Libel Construed for Texas Newspapermen. N.p., 1941. 49 pp. One of the most useful handbooks for newspapermen, based on leading Texas court cases and personal experiences of Texas newspaper editors in connection with the state's strict libel laws. 253. Townshend, John. A Treatise on the Wrongs Called Slander and Libel. 4th ed. New York: Baker, Voorhis & Co., 1890. 848 pp. First American treatise on libel law and leading authority on the subject in the United States in the nineteenth century. 253a. [Same title], ist ed. New York: Baker, Voorhis & Co., 1868. 545 pp.

60

IN T H E U N I T E D S T A T E S

253b. [Same title]. 2d ed. New York: Baker, Voorhis & Co., 1872. 708 pp. 253c. [Same title]. 3d ed. New York: Baker, Voorhis & Co., 1877. 823 pp. 254. Yankwich, Leon R. Essays in the Law of Libel. Los Angeles: Parker, Stone & Baird, 1929. 310 pp. Valuable summary of various phases of libel law by Federal district judge. Articles 255. Ambion, Bienvenido C. "Liability for Libel under the Present State of Philippine Jurisprudence." Philippine Law Journal, 19 (January, 1941), 310-325. The Spanish penal code survives in Philippine libel law to create certain differences from American law on the subject. 256. [Anon.] "Action against Newspaper for Misleading Advice." United States Law Review, 71 (May, 1937), 248-252. 257. "Charging Physician with Lack of Skill in Particular Case." Michigan Law Review, 38 (April, 1940), 912-913. Unless a publication charges gross incapacity, court opinions indicate there is little liability. 258. "Court Says Separation News Not Libelous." Editor & Publisher, 71 (November 26, 1938), 6. 259. "Defamation of Dead Person, Injury to Reputations of Surviving Relatives." Columbia Law Review, 40 (November, 1940), 12671272. The prevailing Anglo-American rule is that relatives have no case. 260. "Defamation of Unnamed Officers of Union, Right of Union to Sue." Columbia Law Review, 41 (May, 1941), 937-941. Many states may sustain a suit by unincorporated groups when no individual is named. 261. "Equity, Injunctions, Injunctions against Defamation." Columbia Law Review, 38 (November, 1938), 1291-1294.

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Federal courts and most state courts maintain the traditional rule that publication of a defamatory statement may not be enjoined. 262. "Equity Jurisdiction, Freedom of the Press, Libel." Marquette Law Review, 17 (February, 1933), 132-138. The editors criticize the rule that publication of a libel may not be enjoined. "False Imputation of Authorship." United States Law 263. Review, 72 (September, 1938), 481-488. Naming a person as author of another's work is held libelous. 264. "Freedom of Speech and Group Libel Statutes." Bill of Rights Review, 1 (Spring, 1941), 221-225. The argument is that laws such as the 1937 New Jersey statute seeking to prohibit false racial propaganda jeopardize press freedom. 265. "Iowa Judge Rules Out Libel by Radio." Editor &• Publisher, 71 (March 5, 1938), 5. In the absence of statutory provision, the court hesitates to extend the common-law definition of libel to include broadcasting. 266. "Liability for Defamation of a Group." Columbia Law Review, 34 (November, 1934), 1322-1335. Criminal law generally, and civil law under certain conditions, fixes liability for defamation of groups of unnamed individuals. 267. "Liability of Local Newspaper for Publication of Libel Transmitted by Responsible Press Agency." New Yor^ University Law Quarterly Review, 15 (May, 1938), 589-591. Despite Florida court's ruling to the contrary, most authorities still hold that both newspaper and agency will be liable. 268. "Liability of Newspaper for Negligent Misstatements." Yale Law Journal, 47 (January, 1938), 461-464. Review of legal actions possible for a plaintiff in the absence of actual libel. 269. "Libel Action Brought by Public Officials." Yale Law Journal, 51 (February, 1942), 693-699. Discusses the "public official rule" that specific or special damages must be proved to sustain libel action.

62

IN T H E U N I T E D S T A T E S

270. "Libel and Slander." American Jurisprudence, 33 (1941), 29-320. One of the most recent comprehensive summaries of the subject. Covers ( 1 ) defamation of persons—civil and criminal; and (2) slander and disparagement of title or property. 271.

"Libel and Slander." Ruling Case Law, 17 ( 1 9 1 7 ) , 254-469.

272. "Libel—Construction of Defamatory Article." Law Review, 7 (May, 1938), 271-273. Critical analysis of Dall v. Time case.

Fordham

273. "Libelous Publications Affecting Public Officials." Illinois Law Review, 36 (March, 1942), 791-796. 274. "Mental Suffering Alone as Sustaining Libel Action." Michigan Law Review, 38 (January, 1940), 417-419. Most courts agree that mental suffering alone will not sustain such action. 275. "Mrs. Liggett Wins $2,500 Suit from Daily Worker." tor & Publisher, 72 (May 27, 1939)) 28.

Edi-

276. "Newspaper Articles Based on Defamatory Statements in Pleadings." United States Law Review, 70 (August, 1936), 419-426. Such articles are usually held privileged. 277. "Publication of Facts Covering Product Falsely Advertised, and the Law of Libel." Yale Law Journal, 43 (April, 1934), 1012-1015. Privilege may be a defense for the publication of consumer research information. 278. "Publication of Inadvertent Defamatory Material." Minnesota Law Review, 25 (March, 1941), 495-511. A comparison of cases in which a publisher is liable regardless of his intent and those in which he is liable "only if he has been at fault." 279. "Publication—Sale of Replacement Copies within Statutory Period Held Republication Resulting in New Cause of Action." Harvard Law Review, 59 (November, 1945), 136-137. 280. "Republication, Defamatory Matter Retained by Public File of Newspaper." New Yor\ University Law Quarterly Review, 16 (May, 1939), 658-660.

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When only a few copies are preserved for normal records, courts are unlikely to hold the newspaper liable indefinitely. But see 279. 281. "Rule Erroneous Headline Is Not Libelous." Editor & Publisher, 72 (March 1 1 , 1939), 7Kansas courts hold that the headline must be read with the body of the story. 282. "6^ Verdict to Plaintiff in Libel Suit." Editor & Publisher, 70 (October 30, 1937), 30. 283. Appel, Alfred. "Extrinsic Facts Necessary to Render Words Libelous." Cornell Law Quarterly, 12 (December, 1926), 117-122. 284. Armstrong, W. P. "Nothing but Good of the Dead?" American Bar Association Journal, 18 (April, 1932), 229-232. Review of recent state laws and cases in which attempts have been made to overthrow rule against recovering for libels on the dead. 285. B., J. A., Jr. "Slander and Libel." Georgetown Law Journal, 21 (January, 1933), 218-224. Brief summary of principal definitions of defamation. 286. Bates, Curtis S. "Disparagement of Product or Business Methods." Cornell Law Quarterly, 13 (December, 1927), 136-140. Trade libels take three forms: ( 1 ) imputing reprehensible actions in connection with business, (2) making allegations respecting only the goods or business activities themselves; (3) competitive claims by a rival that his goods are superior. 287. Berger, M. Marvin. "Detecting Libel before It Appears." Editor & Publisher, 70 (May 29, 1937), 7. Newspapers are saved embarrassments and lawsuits by foreknowledge of what may constitute actionable publications. 288. Bryan, C. M. "Publication of Record Libel." Virginia Law Review, 5 (May, 1918), 513-524. Attorney argues that publication from court records reflecting on private character should be restricted. 289. Carpenter, Charles E. "Libel per se in California and Some Other States." Southern California Law Review, 17 (January, 1944), 347-37°-

64 IN T H E UNITED STATES Analysis of various cases in evidence for the argument that distinction between libel per se and per quod is unsound. 290. Cole, G. "Libel by Publication of Pictures." Ohio State Law Journal, 2 (May, 1936), 291-292. 291. Cotter, George E. "Torts, Injurious Falsehood, Non-Defamatory Words Causing Harm." Cornell Law Quarterly, 28 (January, 1943), 226-232. Brief discussion of a field of tort supplementary to defamation. 292. Cross, Harold L. "Some Twilight Zones in Newspaper Libel." Cornell Law Quarterly, 1 (May, 1916), 238-256. Discusses some technicalities of New York statutes which constitute a potential threat to conscientious newspapers. 293. Davis, Norris G. "The Sweeney 'Chain Libel' Suits against Pearson and Allen." Journalism Quarterly, 21 (June, 1944), 1 1 3 - 1 2 1 . Although each publication technically constitutes a separate instance of libel, courts have shown little sympathy for multiple suits growing out of one news story. Cf. 294. 294. Day, James B. "In What Venue Should an Action of Libel against a Newspaper Corporation Be Brought?" Rocky Mountain Law Review, 12 (December, 1939), 65-67. Most courts agree that a libel may be the basis for a suit wherever it is published or circulated. 295. Gillmore, William B. "The 'Libels' Act of 1898: Is It Constitutional?" New Jersey Law Journal, 24 (November, 1901), 708-715. Criticism of an early state law mitigating damages for newspapers as violating the equal protection clause of the Fourteenth Amendment. 296. Gold, William Buchanan, Jr. "Punitive Damages for Defamation in Pennsylvania." University of Pittsburgh Law Review, 4 (January, 1938), 92-102. Historical résumé of the law defining punitive damages and the limitations upon such awards in libel suits. 297. Guider, John W . "Liability for Defamation in Political Broadcasts." Journal of Radio Law, 2 (October, 1932), 708-713.

LIBEL—NATURE

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The author believes that the law should be adjusted to prevent undue hardships on stations which exercise reasonable care in editing scripts. 298. Hallen, J. E. "Excessive Publication in Defamation." Minnesota Law Review, 16 (January, 1932), 160-171. 299.

"The Texas Libel Law." Texas Law Review,

5 (June,

i9 2 7)» 335-359Historical summary of statutory developments shaping strict libel law in Texas, prior to the 1927 statute widening newspaper privilege. 300. Harvey, Richard S. "Law and Humor of Newspaper Libel." Georgetown Law Journal, 10 (November, 1921), 30-43. Extremely rudimentary sketch of broad principles of defamation. 301. Heath, S. Richard. "Libel and Slander, Privilege." Wisconsin Law Review, 8 (June, 1933), 388-390. Examines the nature of privilege in libel suits and the defeat of such defense by proof of malice. 302. Hervey, John G., and Joseph J. Kelly, Jr. "Some Constitutional Aspects of Statutory Regulation of Libels on Government." Temple University Law Quarterly, 15 (July, 1941), 453-492. Résumé of seditious libel in Anglo-American legal history. 303. Hibschman, Harry. "Defamation or Disparagement?" Minnesota Law Review, 24 (April, 1940), 265-284. Derogatory statement of property constitutes disparagement; the same statement made of the owner of property constitutes defamation. 304. "Liability of News Vendor or Distributor for Libel." ]ohn Marshall Law Quarterly, 5 (March, 1940), 416-421. The courts are inclined to hold dealers not liable in most instances. 305. "Naming Person in Fiction as Violation of New York Civil Rights Law." Brooklyn Law Review, 12 (October, 1942), 22-30. 306. Huie, Byron S., Jr. "Libel per se—What Lord Mansfield Couldn't Do." Georgetown Law Journal, 26 (January, 1938), 468474Some courts hold that a reader's "first impression" is the determining factor in defining libel per se.

66

IN T H E U N I T E D STATES

307. Ingersoll, J. E. "Libel and Slander." Southern California Law Review, 19 (December, 1945), 119-126. Summary of 1945 changes in California civil code respecting radio defamation and privilege. 308. J., S. B. "Actionable Words Statute in Virginia." Virginia Law Review, 27 (January, 1941), 405-414. The state law of 1810 seeks to protect individuals who are objects of insulting but not necessarily defamatory or injurious statements. 309. Jenkins, John R., Jr. "Use of Extrinsic Facts to Identify the Plaintiff." North Carolina Law Review, 12 (June, 1934), 377-380. 310. Jonas, C. R. "Disparagement of Goods as Trade Libel." North Carolina Law Review, 6 (December, 1927), 72-76. When product, rather than a person, is the subject of a derogatory statement, special damage must be shown. 311. K., L. R. "Right of a Member of a Defamed Group to Recover in a Civil Action." California Law Review, 29 (November, 1940), 83Unless specific damage can be shown, courts are inclined to dismiss such actions as a hindrance to free public discussion. 312. Kendall, Dorothy. "Injurious Falsehood—Public Opinion Polls —Liability of Publishers Therefor." Southern California Law Review, 19 (September, 1945), 45-52. Fairness in sampling public opinion may raise occasional questions of trade libel. See also 801. 313. Kerr, James M. "Criminal Libel, Libeling a Class." Central Law Journal, 86 (May 10, 1918), 334-338. A useful definition of criminal law on group libels. 314. Kirkland, Weymouth. "Henry Ford v. The Tribune Co." American Bar Association Journal, 9 (February, 1923), 90-92. This review of the famous suit by the auto magnate in which he was awarded a 6^ verdict is written by one of defense counsel in case. 315. L., R. J., Jr. "Some Aspects of Civil Libel in Pennsylvania." Temple Law Quarterly, 7 (June, 1933), 483-501. Excellent summary of libel law within one state; covers malice, publication, tendency to injury, identity of plaintiff, damages.

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316. Lyne, Fritz. "Defamation as Applied to a Group or Class." Texas Law Review, 21 (June, 1943), 819-822. An action is normally likely to be successful only when ( 1 ) the group is small or (2) the statement is shown to apply only to a few of its members. 317. M , L. E. "Liability of Advertising Company for Publication of Client's Circular." Washington University LAW Quarterly, 26 (February, 1941), 284-286. 318. Malone, Wex S. "Insult in Retaliation—The Huckabee Case." Mississippi Law Journal, 11 (April, 1939), 333-339. Mississippi's actionable words statute seeks to protect victims of nondefamatory publications, but specific case of injury is hard to define. Cf. 308. 319. Maxwell, Don. "Defamation by Radio." Journal of the Bar Association of Kansas, 4 (February, 1936), 245-248. An attempt to redefine defamation to include broadcasting. 320. Mendez G., Manuel J. "Libel of Public Executive Officers." George Washington Law Review, 10 (June, 1942), 987-991. Wide latitude is permitted in comments on public officials in the interest of general public knowledge of the conduct of government. 321. . Merryman, John H. "Defamation of a Group." Notre Dame Lawyer, 21 (September, 1945), 21-25. Voluntary associations and other loosely organized groups have doubtful legal status in questions of protection from defamation. 322. Mickey, D. M. "Reforms in Law of Newspaper Libel." Central Law Journal, 42 (June 5, 1896), 475-480. Unsympathetic review of legislative efforts in several states to mitigate potential damages in actions against newspapers. 323. Miranda, Juan D. "Libel and Slander." Corpus Juris, 36 (1924), 1134-1289; 37 (1925), 1-157. Still useful, though older than 270. Covers ( 1 ) civil liability for personal defamation, (2) slander of property or title, (3) criminal liability. 324. Monchak, Stephen J. "Cartoonist's Jest Brings Libel Suits against New York Post." Editor & Publisher, 72 (November 18, 1939), 34.

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IN T H E UNITED STATES

The use of a friend's name in a cartoon results in action against publisher. 325. Morris, Clarence. "Inadvertent Newspaper Libel and Retraction." Illinois Law Review, 32 (May, 1937), 36-49. Author opposes overliberal "honest mistake" statutes on the ground that this will "do away with newspapers' financial interest in accuracy." 326. Nims, Harry D. "Unfair Competition by False Statements or Disparagement." Cornell Law Quarterly, 19 (December, 1933), 63-72. 327. Pollock, L. "Defamation of the Dead; Recovery by Surviving Relatives." Cornell Law Quarterly, 26 (June, 1941), 732-737. Twenty-three states make such defamation a criminal cause; three authorize civil actions. In the absence of such statutes, courts are apt to reject such actions. 328. Pound, Roscoe. "Equitable Relief against Defamation and Injuries to Personality." Harvard Law Review, 29 (April, 1916), 640682. While law still denies injunctive relief from libel or invasion of privacy, it may allow such relief for some other wrong of which the libel or invasion of privacy is a part. 329. Riesman, David. "Democracy and Defamation: Control of Group Libel." Columbia Law Review, 42 (May, September, November, 1942), 727-780, 1085-1123, 1282-1318. Exhaustive study of group libel in American and comparative law. ( 1 ) General principles of group libel in Europe and America, with some reference to Latin America; (2) European use of libel laws to foster Fascist propaganda; (3) American jurisprudence and recommended reforms against foregoing background. 330. Sackett, Henry W . "The Law of Libel." Editor & Publisher, 62 (February 15, 22, March 1, 8, 1930), 24, 26, 28, 26. Examples of libel, for working newspapermen, with defenses appropriate in each case. Cf. 249. 331. Sackin, Eugene. "Headlines." Missouri Law Review, 7 (January, 1942), 80-81. Courts are generally coming to hold that the headlines and the body of a story must be read together in construing libel.

LIBEL—NATURE

69

332. Schmidt, Harold R., and William K. Unverzagt "Defamation in Pennsylvania." University of Pittsburgh Law Review, 2 (October, 1935), 1-16. Presented in the form of a restatement of the state law; covers definitions, publication, implications of malice and falsity, defenses, and a separate headnote on disparagement of property. 333. Seymour, James C. "Georgia's New Libel Law Called Best in U.S." Editor &• Publisher, 72 (April 8, 1939), 18. One of most recent legislative attempts to mitigate damages for honest mistakes. But cf. 340. 334. Smith, Jeremiah. "Disparagement of Property." Columbia Law Review, 13 (January, February, 1913), 13-36, 121-142. Comprehensive study of little-known phase of libel law. Distinction is made between ( 1 ) disparagement of another's title or interest in property and (2) disparagement of quality of property. The second subject is of more direct interest to journalism. 335. "Jones v. Hulton. Three Conflicting Judicial Views Question of Defamation." University of Pennsylvania Law 60 (March, April, 1912), 365-387, 461-481. Elaborate analysis of a famous English case: the publisher of posedly fictitious name which proves to be the name of a living is liable.

as'to a Review, a sup person

336. Southworth, W. A. "Liability of Newspaper for Publication of Defamatory Statement Received in Dispatch from National Newsgathering Agency." Cornell Law Quarterly, 18 (June, 1933), 619-621. A Florida court decision holding that a newspaper is not liable is without precedent in any other jurisdiction. 337. Steigleman, Walter. "Combating the Practical Joker: a Potential Source of Libel." Journalism Quarterly, 22 (December, 1945), 330334338. Teich, Arthur. "Damage for Defamation in New Jersey." University of Newark Law Review, 3 (Summer, 1938), 182-199. Résumé of legal grounds for compensatory and/or exemplary damages: emotional disturbance, reputation of plaintiff, retraction, bad faith, wrongful motives, and so on, have all been taken into consideration.

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IN THE UNITED STATES 339. Thayer, Frank. "The Changing Libel Scene." Wisconsin Law Review, 1943 (May, 1943), 33I~35IDiscusses pitfalls in news writing, possibility of libel insurance, special newspaper libel laws, and radio defamation. 340. "Georgia's Model Libel Law May Be 'Dr. Jeckyll-Mr. Hyde.' " Editor &• Publisher, 72 (November 25, 1939), 7. Court interpretation may make the wording of the-original statute into a boomerang. 341. Towers, Walter K. "The Law of Libel as Applied to Newspapers." New Jersey Law Journal, 36 (April, 1913), 103-107. 342. Waybright, Roger J. "Defamation by Newspaper and Radio— Are the Florida Statutes Constitutional?" Florida Law Journal, 14 (May, 1940), 161-167. Excellent comparative study of various state laws mitigating libel damages with reference to newspapers and radio. The author believes Florida statute is constitutional with respect to newspapers but is too swefeping with reference to radio. 343. Weber, Sylvia. "Punitive Damages in the Law of Libel and Slander." Brooklyn Law Review, 10 (March, 1941), 292-299. Punitive damages are only awarded upon evidence of malice, which may be shown by actual ill-will, carelessness, or inference drawn from the fact that publication is false. 344. Wettach, Robert H. "Recent Developments in Newspaper Libel." North Carolina Law Review, 7 (December, 1928), 3-20; Minnesota Law Review, 13 (December, 1928), 1-38. 345. Wham, Benjamin. "Disparagement of Property." Illinois Review, 21 (May, 1926), 26-32. Relief in such cases usually requires proof of damages.

Law

346. White, Thomas R. "Constitutionality of the Pennsylvania Law of Libel." American Law Register, 51 (June, 1903), 356-362. Author approves provision in state libel law making publishers liable where they show negligence in checking facts in story. 347. Wilner, Irving. "Civil Liability Aspects of Defamation Directed against a Collectivity." University of Pennsylvania Law Review, 90 (February, 1942), 414-439.

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71

The author reviews group libel cases and criticizes the law for failing adequately to protect the social status of groups which are libeled. 348. Wolff, John. "Unfair Competition by Truthful Disparagement." Yale Law Journal, 47 (June, 1938), 1304-1335. Comparative study of cases in American, British, French, and German courts indicates that truth may not be a defense where defamation is only incidental to an action for unfair competition. 349. "Unfair Competition by Truthful Disparagement." Journal of the Patent Office Society, 20 (October, November, 1938), 849869, 936-956. Slightly revised version of 348. See also 1, 2, 3, 7, 8, 49, 50, 64, 76, 81, 125, 397, 728, 750, 756, 765, 766, 768-770, 776, 777, 779, 780, 785, 787, 788, 791, 793-795, 803-806, 992, 994, 1004, 1010, 1012. LIBEL—DEFENSES Boo^s 350. West, Charles Richard. "Fair Comment and Criticism, a Defense in Libel Cases" (unpublished Master's thesis). Austin, Tex.: University of Texas, 1935. 351. Yankwich, Leon R. The Doctrine of Privilege in the Law of Libel. Los Angeles: n.p., 1926. 36 pp. Articles 352. [Anon.] "Fair Comment and the Right of Free Speech." Bill of Rights Review, 2 (Summer, 1942), 302-303. 353. "Fair Comment, Burden of Proof." Fordham Law 6 (November, 1937), 477-479.

Review,

354. "Judge Defines Duty of Press to Protect Public." Editor & Publisher, 70 (October 30, 1937), 1 1 . Massachusetts newspaper wins libel suit on pleas of right of fair comment. 355.

"Libel by Innocent Mistake and Where There Arc Several

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Persons of the Same Name." United States Law Review, 63 (December, 1929), 617-621. For newspapers to protect themselves, the only procedure is to make as full and accurate an identification as possible. 356. "Libel by Mistake." United States Law Review, 66 (August, 1932), 412-415. 357. "Libel Defenses Outlined for New York Editors." Editor & Publisher, 72 (February 1 1 , 1939), 4. Truth, privilege, and fair comment are briefly discussed. 358. "Qualified Privilege, Fair Comment, Bona Fide Misstatement of Fact." Michigan Law Review, 35 (May, 1937), 1185-1188. Right of fair comment is invalidated as a defense when facts upon which comment is based are in error. 359. "Says Press Can Rely on Public Records." Editor &• Publisher, 70 (October 30, 1937), 30. Wisconsin newspaper successfully defends a suit based on inaccuracies in court clerk's records. 360. "Self-Defense Held to Be Privileged." Editor & Publisher, 69 (January 25, 1936), 4. Case history of famous Oregon court decision laying down rule that "communications published in fair self-defense are privileged." 361. "Statements by Public Officials Privileged." Editor & Publisher, 71 (May 14, 1938), 9. 362. "Statutory Extension of the Defense of Absolute Immunity." Fordham Law Review, 11 (January, 1942), 99-101. 363.

"Torts, Libel and Slander, Restriction of the Remedy to

Person at Whom the Aspersion Is Directed." Fordham Law Review, 10 (May, 1941), 319-324. Study of defense tactics in various court cases indicates that courts generally confine the right to sue to the person directly affected. 364. Bantz, Gideon D. "Libel: Newspaper Privilege." Central Law Journal, 21 (July 31, 1885), 86-90. Good exposition of the characteristics of defense of privilege in nineteenth-century cases.

LIBEL—DEFENSES

73

365. Blake, Rosamond A. "Privilege and Mitigation of Damages in Defamation in Kentucky." Kentucky Law Journal, 32 (May, 1944),

344-352366. Cannada, Robert C. "Truth as a Defense to Suit under the Actionable Word Statute." Mississippi Law journal, 13 (January, 1941), 264-269. Truth is not always a defense in action on nondefamatory statements, since an injurious statement is not necessarily a falsehood. 367. Clark, Franklin S. "Qualified Privilege, Public Proceedings, Church Meeting." North Carolina Law Review, 13 (February, 1935), 242-244. 368. D., E. S. "Fair Comment." Washington University Law Quart e r l y , 27 (February, 1942), 285-291. Fair comment is usually a complete defense ( 1 ) when based upon a true statement of facts and (2) when confined to the public rather than private character of the individual. 369. D., R. T . "Relevancy as a Limitation on Absolute Privilege Accorded Statements Made in Judicial Proceedings; Status of California Authorities." California Law Review, 27 (July, 1939), 618-622. The California courts are believed to be uncertain on the rule in most courts that defense of privilege must be based on more than mere general relevancy to subject. 370. Daitch, J . I. "Fair Comment, Privilege." Georgia 4 (November, 1941), 66-68.

Bar

Journal,

371. Doan, Edward N . "Liberalization of Judicial Concept of Privilege Seen in Decisions." Editor &• Publisher, 69 (August 15, 1936), 3. Some courts and state legislatures are coming to the view that qualified privilege involves the duty of reporting facts to public. 372. Evans, Orrin B. "Legal Immunity for Defamation." Minnesota Law Review, 24 (April, 1940), 607-624. The author examines various relationships which may or may not make a libelous communication privileged. The test is the degree of moral or legal obligation to communicate.

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IN T H E UNITED STATES

373. Fifield, Thomas. ' Fair Comment in Wisconsin." Wisconsin Law Review, 1942 (May, 1942), 412-422. 374. Ford, James L. C. "Fair Comment in Literary Criticism." Notre Dame Lawyer, 14 (March, 1939), 370-383. Brief résumé of legal principles establishing broad protection for legitimate comment. 375. Freedman, Marvin. "Right of Fair Comment on Matters of Public Interest." Southern California Law Review, 10 (June, 1937), 520-523. Erroneous statements of fact invalidate the defense. 376. Gonring, Leroy J. "Defense of Privileged Communication in Criminal Libel Action." Marquette Law Review, 25 (April, 1941), 156-164. The defense plea is dubious in many criminal actions for libel. 377. Hall, John M. "Pleading in Libel Actions in California." Southern California Law Review, 12 (March, 1939), 225-259. Rather technical discussion of California cases with details of complaints and answers in libel actions. Exhaustive footnotes. 378. Harper, Fowler V. "Privileged Defamation." Virginia Law Review, 22 (April, 1936), 642-664. Good exposition of general legal theory, though without direct reference to journalism. 379. Harrington, J. Ross. "Truth as a Complete Defense in an Action for Libel." Notre Dame Lawyer, 4 (April, 1929), 436-442. Truth without the qualifying requirements of good motives, etc., is seen as a safeguard to press freedom. 380. Hellen, John E. "Character of Belief Necessary for the Conditional Privilege of Defamation." Illinois Law Review, 25 (April, 1931), 865-876. The test of conditional privilege is either ( 1 ) probable cause or (2) good faith and honest intent. 381. Joseph, George J. "Provocation Taken in Mitigation of Damages." University of Pittsburgh Law Review, 7 (January, 1941), 154157-

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382. Kamin, M. R. "Statute of Limitations, Limiting Liability for Subsequent Sales of Newspapers and Magazine Publications." University of Pittsburgh Law Review, 6 (November, 1939), 46-48. 383. Kenner, Sumner. "The Doctrine of Privileged Communication in Cases of Libel." Central Law Journal, 79 (August 21, 1914), 129-134. Examples of what may constitute privileged occasions. 384. Kirk, Martha E., and Morris D. Rosenthal. "Defamation—Conditional Privilege in Louisiana." Louisiana Law Review, 6 (May, December, 1945), 281-285; 417-424. Louisiana civil law broadens privilege to protect cases where defamation is unavoidable in the protection of another right and where public interest is of paramount concern. 385. Lanois, E. L . "Privilege, Misstatements of Matters of Public Interest." Notre Dame Lawyer, 13 (January, 1938), 145-147. 386. McVicker, James R. "Fair Comment a Defense to Libel in Illinois." Chicago-Kent Law Review, 8 (February, 1930), 4-19. The author believes that strictly editorial comment weakens defense. 387. Mays, Tom J. "Fair Comment, Statements of Opinion." Texas Law Review, 16 (December, 1937), 87-95. Texas courts, unlike those of most other states, are inclined to interpret fair comment narrowly rather than liberally. 388. Pickering, John H. "Libel and Slander, Limitation of Actions." Michigan Law Review, 38 (February, 1940), 552-554. Where libelous matter is retained in files and no efïort is made to give it renewed circulation, the statute of limitations will usually bar "stale" suits. 389. R., R. A. "Truth as a Defense to an Action for Libel in Nebraska." Nebraska Law Bulletin, 12 (February, 1934), 290-301. The state's rule of truth plus good motives is seen as a means of protecting the right of privacy by the libel law. 390. Ray, Roy Robert. "Truth—a Defense to Libel." Minnesota Law Review, 16 (December, 1931), 43-69. Excellent résumé of the development of the defense of truth in most

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states and a comparison of the rival theories of Blackstone and Starkie v. the public policy rule. The public policy rule requires good motives and justifiable ends to be demonstrated in plea of truth. 391. Russell, Robert E. "Conditional Privilege—Candidates for Office." Journal of the Bar Association of Kansas, 5 (November, 1936), 167-175. Most courts hold a comment about a candidate to be privileged but not a misstatement. Kansas follows the minority rule of according conditional privilege in all cases. 392. Schroeder, Theodore. "Presumptions and Burden of Proof as to Malice in Criminal Libel." American Law Review, 49 (March-April, One of the early pleas for "honest mistake" provision in libel law. 393. Stewart, J. R. "Fair Comment and Privilege in Louisiana." Tulane Law Review, 12 (April, 1938), 452-458. 394. Stiller, Joseph H. "Conditional Privilege in the Law of Slander and Libel." Chicago-Kent Law Review, 13 (June, 1935), 219-240. Conditional privilege arises out of ( 1 ) family relationships, (2) employer-employe relationships, (3) common membership and (4) common interest. See also 1, 2, 3, 7, 8, and many references in preceding section. PRIVACY Books 395. Poldevaart, Arie. "The Right of Privacy and Its Invasion by the Modern Newspaper" (unpublished Master's thesis). Iowa City, la.: State University of Iowa, 1934. 396. Taylor, Howard Blaine. "The Theory of Privacy as It Affects Advertising and News in the Press of the United States" (unpublished Master's thesis). Columbia, Mo.: University of Missouri, 1938. Articles 397. Adams, Elbridge L. "The Right of Privacy, and Its Relation to the Law of Libel." American Law Review, 39 (January-February, !9°5). 37-58-

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Interesting as a supplement to the Warren and Brandeis study (446); shows the immediate judicial reaction to their thesis. 398. [Anon.] "Broadcasting, Invasion of Privacy, Broadcast of Current News Events, Injunctive Relief." Air Law Review, 1 1 (January, 1940), 83-92. Public interest requires freedom of broadcast ( 1 ) when the subject is of genuine news interest and (2) when fiction has not been added. 399. "Court Approves Use of Picture without Consent." Editor & Publisher, 70 (June 12, 1937), 14. When news interest is paramount, no right of privacy is recognized. 400. "Limitations on the Right of Privacy of a Quondam Public Figure." New'Yor\ Law Review, 74 (August, 1940), 423-430. 401. "Magazine Upheld in Private Rights Suit." Editor & Publisher, 72 (January 7, 1939), 9. Merely publishing an article or picture on a subject of news interest is held not to be an invasion of privacy. 402. "Privacy." American Jurisprudence, 41 (1942), 923-951. One of the best and most recent summaries of the field; covers definitions of the right, statutes, limitations on the right, evasion or loss of the right, and violations of the right. 403. "Privacy." Ruling Case Law, 21 (1918), 1196-1202. An older exposition of the subject, of which 402 is a restatement. 404. "Radio Invasion of the Right of Privacy." United States Law Review, 73 (October-November, 1939), 481-485. 405. "The Right of Privacy." Albany Law Journal, 64 (December, 1902), 428-429. Reprint of a New York Times editorial urging courts to define the right and end confusion of the law on the subject. 406. "The Right of Privacy." Kentucky Law Journal, 22 (November, 1933), 108-121. Reprint of an opinion by a lower Maryland court making an excellent summary of all authorities on the subject. 407. "The Right of Privacy." Virginia Law Register, 12 (June, 1906), 91-99. The definition of the right involves a distinction between any in-

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IN T H E U N I T E D STATES dividual's public and private character, acts which constitute a waiver of the right, etc. 408. "Right of Privacy, Radio Broadcasting." Michigan Law Review, 38 (March, 1940), 748-751. When facts from an individual's private life are used as commercial radio entertainment it is held to be actionable. 409. "Survival of Right of Privacy Action." Illinois Law Review, 41 (May-June, 1946), 114-118. Arizona court holds that privacy invasion, unlike libel, may be prosecuted even after death of injured principal. 410. Baldwin, Donald S. "If Your Photograph Were News." Notre Dame Lawyer, 4 (March, 1929), 382-387. Rather weak argument that using photographs for either commercial or news purposes is equally an invasion of privacy. 411. Bartenstein, Fred, Jr. "Right of Privacy, Protection against the Publication of Newsworthy Information." Washington & Lee Law Review, 2 (Fall, 1940), 133-141. The distinction between what is public and what is private depends primarily upon the courts in each individual case. 412. Bell, James F., Jr. "The Right of Privacy." Ohio State Law Journal, 4 (June, 1938), 396-402. Author emphasizes that though a public figure may impliedly waive the right of privacy for certain actions, in other circumstances he retains his right of privacy. 413. Block, L. E., Jr. "Torts, Right of Privacy, Limiting Defense of 'Public Interest.' " Missouri Law Review, 8 (January, 1943), 74-78. The modern tendency of courts is to hold that unless facts are genuinely newsworthy, the publisher is liable. 414. demons, L. S. "The Right of Privacy in Relation to the Publication of Photographs." Marquette Law Review, 14 (June, 1930), 193-198. Where publication is commercial in any degree, courts are likely to hold that privacy is invaded. 415. Darrow, N . E. "Is There a Right of Privacy in Colorado?" Rocfyy Mountain Law Review, 9 (June, 1937), 378-380.

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One of the obstacles to defining such a right is the law's hesitancy at awarding damages for mental suffering alone. 416. Davis, Norris G. "Recent Developments in the Law of Photographs." Journalism Quarterly, 19 (September, 1942), 294-303. Right of privacy is counterbalanced by the plea of public interest or the plea that the plaintiff knew the photograph was taken for publication. 417. DeMott, Robert "Right of Privacy, Radio Broadcasting." Rocky Mountain Law Review, 12 (February, 1940), 127-133. 418. Dickler, Gerald. "The Right of Privacy. A Proposed Redefinition." United States Law Review, 70 (August, 1936), 435-456. The author believes the courts would more readily recognize such a right if it were subdivided into ( 1 ) intrusions, (2) disclosures, and (3) appropriations. 419. Doan, Edward N. "The Newspaper and the Right of Privacy." Journal of the Bar Association of Kansas, 5 (February, 1937), 203214. ' A good summary of the law to date; in general, where genuine news interest attaches to photographs, there is no invasion of privacy. 420. E., A. J. "The Right of Privacy with Relation to Photographs." Temple Law Quarterly, 12 (July, 1938), 502-507. 421. Fitzpatrick, John R. "Unauthorized Publication of Photographs." Georgetown Law Journal, 20 (January, 1932), 134-159. The "right to be let alone" protects individuals unless they are clearly "public characters." 422. G., E. "Civil Liberties, Freedom of the Press v. the Right of Privacy." Ohio State Law Journal, 7 (March, 1941), 239-241. 423. Gold, Jerome. "The Right of Privacy." Notre Dame Lawyer, 18 (December, 1942), 161-169. Courts have tended increasingly to recognize such a right in line with the growing number of encroachments upon privacy. 424. Green, Ervine. "Right of Privacy, Nature and Extent of Liability for Unauthorized Publication of Pictures." Nebraska Law Review, 19 (June, 1940), 177-189.

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425. Green, Leon. "The Right of Privacy." Illinois Law Review, 17 (November, 1932), 237-260. The author outlines interests which may be injured by publicity as ( 1 ) interests of personality and (2) interests of property or interests in relations with others. Not all of these injuries are necessarily invasions of privacy. 426. Hand, Augustus N . "Schuyler against Curtis and the Right to Privacy." American Law Register, n.s., 36 (December, 1897), 745-759. This, like 446, is a pioneer study in the possibility of such a law. 427. Handler, EarL "The Right of Privacy and Some of Its Recent Developments." Dickinson Law Review, 44 (October, 1939), 39-48. The author sees a new definition of privacy developing—"a type of constitutional immunity from the unreasonable activities of either an individual or the government." 428. Hulten, Charles M. "The Right to Privacy in California." Journalism Quarterly, 17 (June, 1940), 133-138. A review of the legislative and judicial efforts to protect the individual in his private actions, in a state which pioneered in this field. 429. K., E. A. "Necessity of Statutory Protection of the Right of Privacy." University of Pennsylvania Law Review, 81 (January, 1933), 324-332. Court decisions are held to be too vague and divergent to solve problem. 430. Kacedon, Basil W. "The Right of Privacy." Boston University Law Review, 12 (June, November, 1932), 353-395, 600-647. The first article traces the history of the theory of privacy from the medieval era to the first court recognition of such a right in 1905; the second article analyzes subsequent cases and statutes. The author concludes that courts are still hesitant to see a separate tort in such cases. 431. Larremore, Wilbur. "The Law of Privacy." Columbia Law Review, 12 (December, 1912), 693-708. Reviews cases in twenty years following the original study by Warren and Brandeis (446). 432. Leovy, T. M. "Torts, the Right of Privacy." Southern California Law Review, 13 (November, 1939), 81-91. Compares New York and California jurisprudence relating to privacy.

PRIVACY

81

433. Lisle, Rufus. "The Right of Privacy Today (A Contrary View)." Kentucky Law Journal, 19 (January, 1931), 137-145. Replying to Moreland (437), author contends that privacy is adequately protected under the property and libel law or by specific statutes. 434. Ludes, Francis J. "Right of Privacy." Corpus Juris, 54 (1931), 816-823. 435. Marsh, E. W. "Torts, Right of Privacy." University of Pittsburgh Law Review, 5 (May, 1939), 291-294. 436. Mersack, Alexander A. "Right of Privacy, Civil Rights Law, Sections 50, 51." St. John's Law Review, 9 (December, 1934), 59-66. Unless courts construe the right more broadly, author believes that statutory extension will be the only means of effecting full protection. 437. Moreland, Ray. "The Right of Privacy Today." Kentucky Law Journal, 19 (January, 1931 ), 101-136. Excellent summary of cases which have upheld and those which have rejected a plea of invasion of privacy. Author suggests various means of extending protection of the right. Contra: 433. 438. Nizer, Louis. "Right of Privacy: a Half Century's Developments." Michigan Law Review, 39 (February, 1941), 526-560. Traces the history of the law up to the beginning of the era of modern journalism, then compares cases which have upheld or rejected such a right. Author concludes that the privacy law will ultimately resolve its present conflicts when opposing views achieve a "balance of values." 439. O'Brien, Denis. "The Right of Privacy." Columbia Law 2 (November, 1902), 438-448.

Review,

440. P., V. G. "Right to Privacy Reviewed." Georgetown Law Journal, 21 (May, 1933), 495-498. 441. Pische, Vail W. "How Far Will the Law of Privacy Extend to Radio?" Notre Dame Lawyer, 19 (December, 1944), 148-154. The law of privacy is as yet so nebulous that its effectiveness in radio regulation is negligible. 442. Ragland, George, Jr. "The Right of Privacy." Kentucky Journal, 17 (January, 1929), 85-122.

Law

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A general review of the law; an interesting feature is a résumé of the applications of the law of privacy in foreign countries (pp. 105-110). 443. S., R. A. "Right of Privacy: Fifty Years After." Temple Law Quarterly, 15 (November, 1940), 148-155. 444. Stepner, Conrad. "Right of Privacy—a Compilation." John Marshall Law Quarterly, 3 (December, 1937), 265-279. 445. Unterberger, George M. "Right of Privacy." Missouri Law Review, 5 (June, 1940), 343-350. 446. Warren, Samuel D., and Brandeis, Louis D. "Right to Privacy." Harvard Law Review, 4 (December, 1890), 193-220. History-making article reviewing the grounds in English law upon which such a right can and should be asserted: Common-law protection of a person's right to withhold or to communicate his thoughts and emotions; common-law protection of unpublished writings; law of trade secrets, etc. 447. Wheeler, James E. "The Right of Privacy." Connecticut Bar Journal, 14 (October, 1940), 271-293. While some statutory definitions of such a right have been made, the author doubts whether in the absence of such statutes the right exists. 448. Zucker, S. "Right of Privacy. Printing of Pictures after Obliterating Significant Parts." Boston University Law Review, 13 (November, 1933), 775-778. Massachusetts court holds such practice may still be an invasion. See also 1, 2, 3, 7, 8. CONTEMPT Boofe 449. Dangel, Edward M. Contempt. Boston: National Lawyers' Manual Co., 1939. 490 pp. Evolution of contempt power in the light of public opinion and modern judicial needs. For the laymen, the author illustrates situations which require a power to cite for contempt; to courts he issues a warning not to use the power to satisfy personal animosities. 450. Fox, Sir John Charles. History of Contempt of Court. Oxford: Clarendon Press, 1927. 252 pp.

CONTEMPT

83

The classic study on the subject. The author traces the historical evolution from the thirteenth century and the circumstances whereby the contempt power ultimately came to reside in the courts of England and the United States. 451. Harris, G. W. "Contempt of Court as It Affects Newspapers" (unpublished Master's thesis). Evanston, 111.: Northwestern University, 1931. 452. Rapalje, Stewart. A Treatise on Contempt. New York: L . K. Strouse & Co., 1884. 273 pp. One of the first comprehensive studies of the subject, still useful as background reference. It covers contempt powers of courts, legislative bodies, administrative groups, and public officials. 453. Sullivan, Harold W. Contempts by Publication, the Law of Trial by Newspaper. 2d ed. New Haven, Conn.: Privately printed, 1940. 212 pp. A somewhat opinionated critical view of contempt law in the United States and British Empire. The author argues that courts should be more assertive of right to control trial comment and less interested in citing for editorial criticism of themselves following trials. 454. Thomas, Cromwell Holmes. Problems of Contempt of Court. Baltimore, Md.: Horn-Schafer Co., 1934. 120 pp.

Articles 455. A., J. W . "Contempt of Court—Newspaper Reports of Proceedings." Georgetown Law Journal, 23 (January, 1935), 326-329. A good résumé of cases illustrating the nature of acts which have been held to be in contempt. 456. Adler, G. "Publications Relating to Pending Cases as Contempt of Court." Chicago-Kent Law Review, 20 (June, 1940), 259-264. Discusses precedent-breaking Los Angeles Times decision and its effects on contempt law in general. 457. [Anon.] "Chandler Freed in Newspaper Contempt Case." Editor & Publisher, 76 (September 18, 1944), 14. Short case report on an Alabama contempt suit involving an editor. 458. " T h e Chicago Contempt Case." Central Law Journal, (April 16, 1875), 249-251.

2

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Contemporary discussion of the citation o£ Chicago Times which resulted in one of the first efforts by state legislation to limit the contempt power of courts. Useful as background to modern statutory law. Cf. also 462. 459. "Civil and Criminal Contempt in Iowa." Iowa Law Review, 20 (November, 1934), 121-128. 460. "Civil v. Criminal Contempt of Court." Yale Law journal, 46 (December, 1936), 326-330. A brief discussion of the formal distinctions in law which affect type of defense, right to pardon, types of penalties, etc. 461. "Coast Reporter Jailed 10 Days for Contempt." Editor & Publisher, 72 (May 27, 1939), 12. Interesting as part of journalism's struggle for court recognition of the right of reporter confidence (526-531). 462. "Concerning Contempts." Albany Law Journal, 11 (April 17, 1875), 249-250. Brief comment on the Chicago Times case as background to later state efforts to modify the contempt law. Cf. also 458. 463.

"Contempt." American Jurisprudence,

12 (1938), 387—

445464. "Contempt." Corpus Juris Secundum, 17 (1939), 1—174. This revision of an original article by Jones (501) covers definitions and illustrations of what constitutes contempt, liability and defenses, punishments, etc. 465.

"Contempt." Ruling Case Law, 6 (1915), 486-541.

466. "Contempt by Publication—Comment on Pending Proceedings." Columbia Law Review, 39 (December, 1939), 1423-1429. Discussion of the Los Angeles Times and Harry Bridges contempt cases prior to the famous Supreme Court decision. 467. "Contempt of Court—the Bridges and Times-Mirror Cases." Bill of Rights Review, 2 (Winter, 1942), 132-137. Note points out that the majority ruling in two famous cases gives greater power to state legislatures to limit courts' contempt powers. 468.

"Contempts—Power of Courts to Punish for Newspaper

CONTEMPT

85

Publication." New Yorl( University Law Quarterly Review, 19 (March, I94 2 ). 3 0 773«iConsideration of the Los Angeles Times case from the viewpoint of constitutional freedom implied in the First and the Fourteenth Amendment. 469. "Contempts—Power to Punish for Out-of-Court Publication Limited by Clear and Present Danger Test." Iowa Law Review, 27 (March, 1942), 467-475. Traces "clear and present danger" test through various cases to the Los Angeles Times decision, the climax in a "tendency to raise political comment to the highest possible level of freedom. . . ." 470. "Deutsch Contempt Case Fades in Congress." Editor & Publisher, 78 (May 26, 1945), 13. Reporter for PM successfully resists demands to reveal sources of information. 471. "Federal Judicial Power over Misbehavior Committed Outside Presence of Court." Bill 0/ Rights Review, 1 (Summer, 1941), 3°3-3°7472. "Inquirer Cited by Pennsylvania Supreme Court for Story." Editor &• Publisher, 71 (October 8, 1938), 4. "Forecast of rulings" by the court held to be in contempt. 473. "Judge Urges Truth Be Made Defense in Contempt Cases." Editor & Publisher, 73 (October 26, 1940), 14. 474. "Photog Jailed for Defying Judge's Orders." Editor & Publisher, 70 (October 30, 1937), 11. Taking pictures in a Texas court held to constitute in-court contempt. 475. "Right to Comment on Pending Cases Upheld by Judge." Editor & Publisher, 71 (March 5, 1938), 38. A Wisconsin jurist, in dismissing a contempt citation, states that persons in public life must expect to be objects of comment. 476. "South Dakota Contempt Decision Reversed by Supreme Court." Editor & Publisher, 69 (May 2, 1936), 6. 477. "Writer Freed of Contempt Charge for Printing CourtSealed Data." Editor & Publisher, 69 (July 18, 1936), 6.

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A newspaper's right to public records is held to be immune from contempt power under certain circumstances. 478. Appel, Alfred. "Publication Tending to Obstruct Justice: Right of Review." Cornell Law Quarterly, 12 (April, 1927), 374-379. The author approves the vigorous use of contempt power to curb "trial by newspaper" by tabloids and sensational publications. 479. B., C. Z. "Indirect Criminal Contempt, Publications." Indiana Law Journal, 10 (April, 1935), 416-419. Note argues that contempt power should not be abused to the degree that it may constitute a curtailment of freedom of expression. 480. Barry, Herbert. "Contempt of Court." Virginia Law Review, 10 (February, 1924), 289-303. A rather technical discussion of the Federal contempt power and methods of review, with a brief reference to freedom of speech. 481. Beamis, John F. "Contempt—by Publication in Circulars or Newspapers." Boston University Law Review, 16 (December, 1936), 959-962. Harvard Law Review, 50 (December, 1936), 355-356. 482. Benson, Ivan. "The Los Angeles Times Contempt Case." Journalism Quarterly, 16 (March, 1939), 1-8. The famed contempt case is discussed in its early judicial history as illustrating the need for legislative restrictions upon contempt power. 483. Berger, RaouL "Constructive Contempt: a Post-Mortem." University of Chicago Law Review, 9 (June, 1942), 602-642. Excellent evaluation of the Los Angeles Times decision against the background of common-law origins of contempt, constitutional theory, and the Federal contempt statute of 1831. 484. Brinkman, O. H. "Contempt of Court." Georgetown Law Journal, 18 (May, 1930), 287-298. The author warns courts that punishing legitimate comment upon their activities may breed rather than discourage future comment. 485. Brown, Robert C. "Civil and Criminal Contempt in Indiana." Indiana Law Journal, 8 (May, 1933), 492-498. 486. Bryen, Francis C. "State Court's Exercise of Summary Contempt Power for Publications Held to Be Violation of Freedom of Speech." Washington & Lee Law Review, 3 (Spring, 1942), 299-307.

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The author believes that the Los Angeles Times decision will reduce the state court's power to cite for contempt to a few "flagrant" cases. 487. C., G. W. "Contempt by Publication in West Virginia." West Virginia Law Quarterly, 49 (December, 1942), 84-88. 488. Chused, Joseph J. "Public Comment as Contempt of Court." St. Louis Law Review, 16 (December, 1930), 24-48. Good review of leading contempt cases up to 1930. 489. Crosman, Ralph L. "Los Angeles Times Contempt Decision— a Dangerous Holding." Roc\y Mountain Lau/ Review, 14 (April, I 942)> i93- 2 0 2 The author fears that the decision gives newspapers "a power that is almost certain to be misused"; he believes the right to comment and criticize case after its conclusion is the sole privilege needed to protect public interest. Contra: 524. 490. Deutsch, Eberhard P. "Liberty of Expression and Contempt of Court." Minnesota Law Review, 27 (February, 1943), 296-310. 491. Doyle, J. A. "Free Speech and Fair Trials." Nebraska Law Review, 22 (March, 1943), 1-16. Further comment on the implications of the Los Angeles Times case. 492. Forrest, William S. "Trial by Newspaper." Criminal Law Magazine, 14 (July, 1892), 550-558. Critical comment on newspaper publicity on trials which voiced the general attitude of courts in the generation that followed. 493. Gill, S. S. "Contempt of Court by Publications." California Law Review, 24 (November, 1935), 114-122. Brief but well-documented outline of different types of contempt. 494. Gillam, M. B., Jr. "Contempt of Court, Civil and Criminal— Review of Contempt Orders in the Federal Courts." North Carolina Law Review, 16 (June, 1938), 389-396. 495. Goldstein, Milton I. "Contempt of Court and the Press in Missouri." Missouri Law Review, 7 (June, 1942), 229-261. Excellent review of newspaper contempt cases in Missouri, including the St. Louis Post-Dispatch case of 1941 which affirmed the right of newspapers to comment fully on litigation which is concluded.

88

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496. Gregory, Stephen S. "The Courts and Free Speech." Illinois Law Review, 8 (October, 1913), 141-152. Interesting commentary on contempt cases in an era when the courts were adopting an increasingly harsh attitude. 497. Hale, Richard W. "Public Opinion as Contempt of Court." American Law Review, 58 (July-August, 1924), 481-499. Discussion of contempt law respecting newspapers, as defined by the famous Tofedo Newspaper Case. 498. Hanson, Elisha. "The Supreme Court on Freedom of the Press and Contempt by Publication." Cornell Law Quarterly, 27 (February, 1942), 165-189. The counsel for the American Newspaper Publishers Association points out the gains for press freedom in the Los Angeles Times decision. Good review of leading contempt cases of the twentieth century. 499. Hatton, Robert E. "Crimes, Contempt by Publication." Kentucky Law Journal, 22 (November, 1933), 145-152. The author points out the danger in a contempt power used by the courts for personal vindication. 500. Howard, Milton S. "Suppression Order, Publication of Contents of Suppressed File." Michigan Law Review, 35 (January, 1937), 490-493. Where material for a story is obtained outside of court, newspapers are not likely to be cited for contempt. 501.

Jones, Alex P. "Contempt." Corpus Juris, 13 (1917), 1-108.

502. Jordan, Louis F. "Newspaper Discussion of Judicial Acts." Virginia Law Register, n.s., 12 (May, 1926), 25-27. 503. Landrum, Linton D. "Contempt." Albany Law Journal, 58 (December 17, 1898), 396-401. Historical analysis of common-law contempt and the indications of a resurgence of contempt power, with criticism that it is "opposed to the principle of liberty of the press." 504. Langley, William. "Contempt, Violation of a Court Order by Reporters and Photographers, Comment on Pending Cases and Decided Cases." Notre Dame Lawyer, 13 (November, 1937), 64-69.

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Contempt may consist of (1) scandalizing the court, (2) commenting on proceedings in a manner tending to obstruct trial conduct, and (3) inaccurately or falsely reporting proceedings. 505. Larremore, Wilbur. "Constitutional Regulation of Contempt of Court." Harvard Law Review, 13 (April, 1900), 614-626. Interesting summary of efforts by states to limit contempt power in their constitutions and statutes. 506. Lashly, Joseph M. "Elusive Criteria of Constructive Contempt." Bill of Rights Review, 2 (Winter, 1942), 106-110. Refutes fears of some observers that a more liberal attitude of the courts toward newspaper comment will result in obstructions to justice. 507. Loom is, William W. "For Contempt of Court." Proceedings the National Editorial Association (1930), 88-98.

of

508. McK., W. G., Jr. "Summary Contempt Proceedings v. the Fourteenth Amendment." Virginia Law Review, 27 (March, 1941), 665-674. Interesting analysis of the brief submitted by defense counsel for the Los Angeles Times when the case appeared before the Supreme Court. 509. Mayer, Arthur C. "Contempt by Publication." Albany Law Journal, 56 (July 24, 31, 1897), 61-64, 79- g 4The first article summarizes newspaper contempt law as it existed before resurgence of the power in the courts; the second deals with procedure and English cases. 510. Nelles, Walter, and Carol Weiss King. "Contempt by Publication in the United States." Columbia Law Review, 28 (April, May, 1928), 401-411, 525-562. One of most useful summaries of contempt law, despite changes made by later court decisions. The first article covers legal theory of contempt and theory of press freedom, early American contempt cases and Federal contempt statute of 1831; the second analyzes this statute, reviews cases since the Civil War, defines "trial by newspaper," and concludes with an appendix briefly digesting contempt statutes of all the states. 511.

O'Rourke, Dennis. "Freedom of the Press and Contempt of

IN T H E UNITED STATES 9o Court." George Washington Law Review, 7 (December, 1938), 234242. 512. Owens, Joseph C. "Distinguishing Criminal and Civil Contempt." Journal of Criminal Law, 31 (March-April, 1941), 728-731. Technical discussion of the law in the state of Washington. 513. Perry, S. H. "Trial by Newspaper." United States Law 66 (July, 1932), 374-383.

Review,

514. Plummer, Neil, and Frank Thayer. "The Press and Out-ofCourt Contempt." Notre Dame Lawyer, 14 (March, 1939), 258-269. Informal discussion of excesses by both the courts and the press in the matter of publishing comments on court activity and punishing such comment; the authors conclude, however, that any extension of power over out-of-court contempt would constitute a real threat to press freedom. 515. Radin, Max. "Freedom of Speech and Contempt of Court." Illinois Law Review, 36 (February, 1942), 599-620. Review of the Los Angeles Times case from the point of view of its effect upon freedom of the press. 516. Rhodes, William L., and Robert E. Cushman, Jr. "Contempt of Court by Publication." Year Boof{ of the Seiden Society (University of South Carolina), 6 (January, 1942), 47-54. In view of the Los Angeles Times decision and later cases based upon it, the authors conclude ( 1 ) that state courts cannot punish publications as contemptuous unless prospect of interference with trial is very clear, and (2) that Federal courts cannot punish publications at all. 517. Roberts, Clifford J. "Freedom of the Press and Fair Judicial Administration." Texas Law Review, 21 (January, 1943), 309-314. 518. Ross, Saul. "Contempt by Publication, Comment on Pending Proceedings." Southern California Law Review, 13 (January, 1940), 227-234. The Los Angeles Times case in its early stages is seen as a conflict between the right to unimpaired trials and the right to unimpaired public discussion.

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519. Seron, Berij H. "Construction of Statutes Limiting Power to Punish for Contempt." Boston University Law Review, 19 (November, 1939), 668-673. Limitation on the courts' power held to be feasible in criminal contempt but unnecessary and undesirable in civil contempt. 520. Shull, Charles W. "Legislative Contempt—an Auxiliary Power of Congress." Temple Law Quarterly, 8 (January, 1934), 198-217. 521. Soule, William C. "Contempt, Limitation of Power of Federal Courts to Impose Summary Punishment for Contempt." Washington & Lee Law Review, 3 (Fall, 1941), 109-115. Brief summary of Federal statutes limiting contempt power and the tendency of courts in the twentieth century to ignore the limitations until the 1941 case of Nye v. United States reversing this trend. 522. Stone, Thomas S. "Control by the Courts and by the Legislature in Wisconsin." Wisconsin Law Review, 9 (April, 1934), 278-285. The second of two articles (see 523) on the status of contempt power in the state of Wisconsin. The author concludes that the power of the legislature to limit contempt power of courts is limited in turn by the fact that both courts and legislature have equal constitutional status. 523. "Distinction in Adjudicated Wisconsin Cases between Civil and Criminal Contempt." Wisconsin Law Review, 9 (February, 1934), 166-172. As in other states, Wisconsin courts have held in genefal that the intent of the contemnor determines whether the contempt is civil or criminal. 524. Swancara, Frank. "The Los Angeles Times Contempt Decision —a Reply." Rocfy Mountain Law Review, 14 (June, 1942), 315-323. A Denver attorney in rejoinder to Professor Crosman (489) holds that the majority decision is a "return to the Constitution." 525. Yankwich, Leon R. "The Use and Abuse of Contempt Commitments." United States Law Review, 65 (September, 1931), 481-495. While the author, a Federal district judge, believes contempt power is inherent, he holds it should be latent rather than active. See also 1, 2, 3, 7, 8, 43, 51, 52, 54, 72, 958.

IN T H E UNITED STATES

92

CONFIDENCES Boo\s 526. Willis, Madeleine Coquet "The Right of Privilege in Relation to a Reporter's Confidential Sources of News" (unpublished Master's thesis). Norman, Okla.: University of Oklahoma, 1936. Articles 527. [Anon.] "New Jersey Court Rules Editors Must Name 'Vehicles' Only." Editor & Publisher, 76 (February 13, 1945), 8. Although a state law protects confidential sources of news, the court insists that reporters must reveal means by which it was obtained. 528. "New York Court Holds Reporters' Confidences Not Privileged." Editor & Publisher, 69 (January n , 1936), 12. In the absence of a specific statute, courts do not recognize privilege. 529. Miller, F. A. "Progress of Press Protection of News Sources Surveyed." Editor & Publisher, 72 (February 1 1 , 1939), 5. In 1939, seven states had reporters' confidence laws. 530. Steigleman, Walter A. "Newspaper Confidence Laws—Their Extent and Provisions." Journalism Quarterly, 20 (September, 1943), 230-238. Brief historical review of the development of "shield laws," a résumé of arguments for and against them, and a summary of statutes and cases on the subject. 531. Swindler, William F. "Confidence Law." National Publisher, 21 (June, 1942), 8. Summary of editorial and judicial opinions on the value of such laws; the majority favor at least some degree of reporter protection. See also 7. COPYRIGHT

AND PROPERTY RIGHTS AND ADVERTISING

IN

NEWS

Booths 532. Amdur, Leon H. Copyright Law and Practice. New York: Clark Boardman Co., 1936. 1332 pp.

COPYRIGHT

93

Particularly valuable on the subject of radio copyright and other relatively new fields of copyright. Coverage of newspaper copyright is inadequate, but pp. 4 1 0 - 4 2 1 give a good summary of radio problems. 533. [ A n o n . ] Copyright Law of the United States of America (Library of Congress, Copyright Office Bulletin N o . 1 4 ) . Washington, D . C . : Government Printing Office, 1942. 76 pp. Covers the statute of 1909 and amendments to date, with the text of amendatory acts and a section on international copyright relations. 534. Ball, Horace G. L a w of Copyright and Literary Property. Albany, N . Y . : Matthew Bender & Co., 1944. 976 pp. One of the most recent treatises on the subject; includes discussion of copyright in radio and advertising. 535. Bowker, Richard Rogers. Copyright, Its History and Its L a w . Boston: Houghton, Mifflin & Co., 1 9 1 2 . 709 pp. Excellent historical sketch of copyright law up to and including the American statute of 1909 and the British statute of 1 9 1 1 . 536.

Brown, James LaSalle. Industrial Property Protection through-

out the World. Washington, D . C . : Government Printing Office, 1936. i 8 4 PPPrimarily a comparison of American law with that of other countries with reference to property rights in advertising. Contains a brief discussion of copyright law.

537.

Curtis, George Ticknor. Treatise on the L a w of Copyright.

London: Sweet & Maxwell; Boston: Little, Brown 8c Co., 1847. 450 PPOne of the earliest studies in the field, this includes both American and British law and a short historical sketch of copyright. 538. DeWolf, Richard C . Oudine of Copyright Law. Boston: J. W . Luce Co., 1925. 330 pp. Good summary of the law of 1909; the author's purpose is to show the need for the United States to join the International Copyright Union. 539. Drone, Eaton S. A Treatise on the L a w of Property in Intellectual Productions. Boston: Little, Brown & Co., 1879. 774 pp. One of the earliest American authorities still in general use. A good historical sketch of copyright law and some early references to newspaper copyright.

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540. Howell, Herbert Allen. The Copyright Law. Washington, D.C.:' Bureau of National Affairs, 1942. 280 pp. Short handbook on the procedure for registering aild protecting literary property under Federal statutes. 541. Morgan, James Appleton. Law of Literature. 2 vols., New York: Cockcroft & Co., 1875. Vol. I, 513 pp. Vol. II, 817 pp. "Reviewing the law of literary property in . . . newspapers, periodicals, etc.; copyright transfers, and copyright and property; libel and contempt of court by literary matter, etc. With an appendix of the American, English, French and German statutes of copyright." 542. Thring, George H. The Marketing of Literary Property. New York: R. W. Bowker Co.; London: Constable & Co., 1933. 242 pp. Short handbook on English and American law, primarily of use to magazine and book authors. 543. Weil, Arthur W. American Copyright Law. Chicago: Callaghan & Co., 1917. 985 pp. 544. Wittenberg, Phillip. The Protection and Marketing of Literary Property. New York: Julian Messner, 1937. 195 pp. Brief but well-written handbook primarily for authors and playwrights. Ch. 14 discusses radio copyright problems. Articles 545.

[Anon.] "Copyright." Ruling Case Law, 6 ( 1 9 1 5 ) , 1093-1163.

546. "Copyright and Literary Property." Corpus Juris Secundum, 18 (1939), 133-280. Summary of modern law on the subject; covers common-law rights, the origin and nature of copyright, material subject to copyright, persons who are entided to protection, copyright procedure, infringement, and international copyright statutes and cases. 547. "Copyright and Unfair Competition." Journal of the Patent Office Society, 22 (December, 1940), 885-908. 548. "Copyright, Literary Property, Unfair Competition, News." Illinois Law Review, 13 (June, 1919), 709-719. Consideration of International News Service v. Associated Press and analogous cases of property protection which preceded it.

COPYRIGHT

95

549. "Imitation of Advertising." Harvard Law Review, 45 (January, 1932), 542-548. Some protection is afforded by the law of unfair competition, but the advertising industry is inclined to believe that a certain amount of plagiarism is good promotion for the original. 550. " K V O S Decision Touches Basic Issues." Editor & Publisher, 69 (January 4, 1936), 5. Discussion of Federal circuit court of appeals decision in the famous property suit between a radio station and the Associated Press. 551. "Literary Property and Copyright." American Jurisprudence, 34 (1941), 397-487Covers common-law copyright, statutory copyright, publication, infringement, and international copyright. 552. "New Trends in the Protection of Ideas for Radio Broadcasts." Air Law Review, 10 (October, 1930), 394-409. To be protected, an idea "must be more than a mere nebulous hint at what to do." The author considers both program and advertising ideas and analogous court cases. 553. "Property in News." Virginia Law Review, 22 (March, June, 1936), 586-588, 590. Property right in news, coextensive with the life of its commercial value, has been recognized by some courts as a means of protecting news gatherers from unfair competition. 554. "Recognition of Legal Right in Ideas." Harvard Law Review, 47 (June, 1934), 1419-1428. Exclusive property protection is limited by public policy which requires reasonable use of all ideas for the general welfare. 555. "Right of Newspaper to Enjoin Broadcast of News Published." Yale Law Journal, 44 (March, 1935), 877-882. 556. "Self-Protection of Design Creation in the Millinery Industry." Yale Law Journal, 49 (April, 1940), 1290-1297. Interesting description of internal regulation supplementary to legal protection through laws of property and unfair competition. 557. "Triangle Publications, Inc., v. New England Newspaper Publishing Co.—Compilations in the Law of Copyright, What Law

96

IN T H E U N I T E D S T A T E S

Concerns Unfair Competition." Harvard Law Review, 56 (October, 1942), 298-304. Where it is difficult to restrain only the infringing portion of a publication, courts may restrain the entire publication. 558. "Unfair Competition, Copyright, Protection of Ideas, Common-Law Property Right of Radio Script Writer." Air Law Review, 12 (January, 1941), 87-90. Misappropriation of another's work for profit is a test of infringement. 559. Benjamin, G. "Copyright in Word Trade-Marks." Reporter, 32 (December, 1942), 136-140.

Trade-Marl^

560. C., R. W . "Legal Protection of Ideas." Michigan Law Review, 25 (June, 1927), 886-889. Ideas which are literary property are most readily protected; ideas which are bases for inventions are protected only by letters patent; ideas for new business methods have little or no legal protection. 561. Caldwell, Louis G. " T h e Broadcasting of Copyrighted Works." Journal of Air Law, 1 (October, 1930), 584-598. Discussion of proposed legislation and reported court cases in various countries seeking to extend protection of copyright owners. 562. "Copyright Problems of Broadcasters." Journal of Radio Law, 2 (April, 1932), 287-314. Radio law is confused as to copyright liability in broadcasting. 563. Callmann, Rudolf. "Copyright and Unfair Competition." Louisiana Law Review, 2 (May, 1940), 648-668. The law of unfair competition is being cited more frequently to supply protection where copyright is inadequate. 564. Chafee, Zechariah, Jr. "Reflections on the L a w of Copyright." Columbia Law Review, 45 (July, September, 1945), 503-529, 719-738. Traces theories, practices and problems of domestic and international property rights. Chief difficulties arise from attempt to afford adequate protection without fostering monopoly or restraining communication. 565. Claxton, Brooke. "Broadcasting and Copyright." Air Law view, 5 (January, 1934), 83-86.

Re-

COPYRIGHT

97

566. Cormack, Joseph M. "Newspaper Copyright." Virginia Law Review, 18 (March, 1932), 523-527. This summary of American law on the subject for submission to the International Congress of Comparative Law briefly outlines procedure for newspaper copyright, matter protected, and rights of foreign authors in American newspapers. 567. Davis, W. Jefferson. "Copyright in Radio." Virginia Law Review, 16 (November, 1929), 40-53. A chapter from his Radio Law (735) sketches the obstacles to complete protection under the old concepts of national and international copyright. 568. Derenberg, Walter J. "Commercial Prints and Labels: a Hybrid in Copyright Law." Yale Law Journal, 49 (May, 1940), 1212-1236. Prior to the 1939 amendment to the statute, the law was unable to give adequate protection because of confusion between the literary aspects subject to copyright and the commercial aspects subject to patent. 569. "Commercial Prints and Labels: a Hybrid in Copyright Law." Journal of the Patent Office Society, 22 (June, July, 1940), 452468, 532-547. Slightly modified from 568. 570. Doozan, Carl W. "Pre-Copyright Rights." Notre Dame Lawyer, 14 (May, 1939), 391-413. The common law protects an author unless he has abandoned his rights. 571. Driscoll, Arthur F. "Copyright Infringement." Fordham Law Review, 11 (January, 1942), 63-70. Works which are part of the public domain or have been quoted under "fair use" doctrine are exempt from the charge of infringement. 572. Fahey, James E. "Scope of Copyright Protection." Kentucky Lau> Journal, 28 (November, 1939), 18-31. Discussion of very elementary theories in justification of property protection in copyright. 573. Freeland, Joseph S. "Copyright Protection of Advertising." Kentucky Law Journal, 27 (May, 1939), 391-409.

98

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An obstacle to wider protection for advertising is seen in the exaggerated claims of certain copy, since protection at most is extended "to those only that speak the truth." 574. G., W. J. "A Modern Conception of the Common Law Copyright." Temple Law Quarterly, 15 (July, 1941), 531-541. The act of publication terminates all common-law protection and makes author or publisher responsible for securing statutory protection for his property. 575. Greco, Cyrus A. "Copyright Protection and Radio Broadcasting." Louisiana Law Review, 3 (November, 1940), 200-211. The author believes that the law should be enlarged to protect artists and broadcasters. 576. Hale, William B. "Copyright and Literary Property." Corpus Juris, 13 (1917), 936-1234. Excellent summary of case law up to 1917, including international law as it related to the United States at that time. 577. Howell, Herbert A. "Print and Label Law." University of Pennsylvania Law Review, 70 (January, 1922), 95-100. 578. Hynes, Jack C. "Radio v. Royalties." Notre Dame Lawyer, 15 (May, 1940), 290-306. Good résumé of legal questions involved in the broadcasting of copyrighted material. Public performance for profit is the test. 579. Jackson, Joseph Gray. "Notice and Unpublished Copyright." Journal of the Patent Office Society, 22 (December, 1940), 913-919. Technical discussion of the safest procedures in giving notice of copyright. 580. Jackson, Mary Barton. "Compilations as Subjects for Copyright." Kentucky Law Journal, 31 (March, 1943), 231-241. 581. K., I. H. "Equitable Protection of Copyrighted Literary Compositions, Nature and Extent of a Copyright." Temple Law Quarterly, 9 (November, 1934), 78-86. 582. Lancaster, Leon L., Jr. "Matters Not Protected by Copyright." Notre Dame Lawyer, 15 (May, 1940), 331—344. General ideas, sources of information, and titles are generally not within the realm of copyright protection.

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99

583. Lanigan, Frank J. "Legal Protection for the Author." Notre Dame Lawyer, 14 (May, 1939), 443-462. Excellent résumé of the leading principles of literary property. 584. Leesman, Elmer M. "Protection Which the Copyright Law Affords." Illinois Law Review, 36 (December, 1941), 453-458. Good distinction between copyright and patent protection. 585. Linck, Leo L. "Copyright Law Applied to Radio Broadcasting." Notre Dame Lawyer, 19 (September, 1943), 13-30. The author describes radio broadcasting as a public performance for profit, hence morally subject to copyright liability. 586. Logan, James C. "Legal Protection of Ideas." Missouri Law Review, 4 (June, 1939), 239-267. Protection, either before or after publication, is confined to concrete, not abstract, ideas. 587. Long, Russell B. "Protection of Ideas." Louisiana Law Review, 4 (November, 1941), 118-127. The author believes that advertising needs a type of property protection not at present available under copyright, patent, or trade secrets statutes. 588. McClure, Wallace. "Copyright in War and Peace." American Journal of International Law, 36 (July, 1942), 383-399. America's isolationist policy with respect to the International Copyright Union is seen as working a hardship on native authors with respect to countries at war with United States. 589. Miller, Elizabeth Filcher. "Fair Use." Southern California Law Review, 15 (January, 1942), 249-254. Reasonable and incidental use by another of a copyrighted work does not constitute infringement. 590. Miller, Frank R. " A Re-Examination of Literary Piracy." University of Newark Law Review, 5 (November, 1940), 327-370. Exhaustive study of the subject, including the nature of literary misappropriation, outstanding cases involving infringement, fair use, measure of recovery, criminal prosecution for literary piracy, etc. 591.

Mills, E. C., and Neville Miller. "The A S C A P View"—"The

100

IN T H E U N I T E D S T A T E S

N A B View" {in "The A S C A P - N A B Controversy: the Issues"). Air Law Review, n (October, 1940), 394-398, 399-404. The chairman of the American Society of Composers, Artists and Publishers, and the president of the National Association of Broadcasters state their respective cases in a notable controversy over radio copyright. 592. Neu, James N . "The Rights of a Copyright Owner." Notre Dame Lawyer, 17 (June, 1942), 373-406. The author reviews common-law protection before publication, statutory protection under the Act of 1909, contract rights, and the need for a revision of the law in the light of more modern needs. 593. Pestel, A. "Protection of a Label or Print." Journal of the Patent Office Society, 17 (July, 1935), 534-538. 594. Pickard, Howard B. "Common-Law Rights before Publication." journal of the Oklahoma Bar Association, 11 (July 27, 1940), 679699. Considers briefly: ( 1 ) history of copyright, (2) common-law copyright, (3) nature of publication, (4) specific modern conditions of publication including radio performance and news publications. 595. Price, Warren C. "Quotation of Copyrighted Material and the Doctrine of Fair Use." Journalism Quarterly, 21 (March, 1944), 3745Unless unreasonable appropriation is proved, fair use of representative quotations from protected material is approved by courts. 596. Rejent, Ronald P. "Copyright Law—Author, Writing, Promoting the Progress of Science and the Useful Arts." Notre Dame Lawyer, 16 (May, 1941), 344-359Considers basic questions of: What is a writer? What is a writing? What constitutes promotion o£ science and the useful arts? 597. Roberts, Harry W., Jr. "Law on Abridgement of Copyright Material." Kentucky Law Journal, 30 (March, 1942), 297-304. Although an old case held abridgements to be "new works" and therefore not infringements, courts are tending to hold them to be infringements where they appropriate an unreasonable amount of the original. 598.

Savord, John E. "Copyrights—Each Publication a Separate

COPYRIGHT

ioi

Infringement." Notre Dame Lawyer, 16 (March, 1941), 243-245. Similarity of subsequent publications determines whether each is a separate infringement. 599. "The Extent of Copyright Protection for Advertising." Notre Dame Lawyer, 16 (May, 1941), 298-317. Courts are inclining to a more liberal interpretation of the law. 600. Simpson, Lawrence P. "Copyright Situation as Affecting Radio Broadcasting." New Yor\ University Law Quarterly Review, 9 (December, 1931), 180-197. 601. Solberg, Thorvald. "Copyright Law Reform." Yale Law Journal, 35 (November, 1925), 48-75. Good historical résumé of Congressional action upon copyright. 602. "Copyright Reform: Legislation and International Copyright." Notre Dame Lawyer, 14 (May, 1939), 343-361. Technical discussion of changes desirable in Act of 1909. 603. Spencer, R., and W. S. Stone. "Creating and Preserving a Copyright." Notre Dame Lawyer, 14 (May, 1939), 362-390. 604. Symons, W. L. "Copyright of Prints and Labels." Journal of the Patent Office Society, 15 (March, 1933), 162-177. 605. Thayer, Frank. "How News May Be Protected by Law." Editor & Publisher, 70 (May 29, 1937), 5. Analysis of the legal factors involved in asserting property right over news. 606. "Legal Rights for News." American Bar Association Journal, 24 (January, 1938), 1 7 - 2 1 ; Journal of the Patent Office Society, 20 (April, 1938), 351-366. Primarily a review of the questions of appropriation of news from a newspaper or news agency by a radio station. 607. Toulmin, H. A., Jr. "Printing in the United States under the Copyright Law." Virginia Law Review, 10 (April, 1924), 427-443. Chiefly a discussion of the danger of the United States' joining the International Copyright Union and admitting cheaply made foreign books. 608.

Von Brandenfels, Pauline. "Copyright in Its Relation to Radio

102

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Broadcasting." Nebraska Law Bulletin, 18 (March, 1939), 109-123. The author argues for modernizing the copyright statute to provide for modern problems including radio copyright. See also 1, 2, 3, 7, 8, 41, 42, 48, 60-62, 67, 70, 71, 717, 753, 754, 840, 842, 844, 856, 86o, 865, 867, 872, 879, 881, 886, 892, 1 1 1 7 . PUBLIC

NOTICE

Booths 609. Bailey, Gilbert. Legal Advertising (Indiana University Bureau of Government Research Bulletin No. 6). Bloomington, Ind.: Indiana University, 1941. 66 pp. One of the most thorough studies of the general subject yet made. Discusses legal advertising as ( 1 ) promulgation of law, (2) service of process, and (3) public advertising as a function of public administration. Compares legal advertising systems of eight states with special reference to Indiana. 610. Nebraska Press Association Legislative Committee. Some Comments on the Public Notice. Lincoln, Neb.: Nebraska Press Association, 1944. 39 pp. The case for public notice, as part of the Nebraska Press Association's campaign for more mandatory public notice. 6 1 1 . Pollard, James E. Index to the Public Notice Laws of the 48 States. 2 vols. Columbus, Ohio: Ohio State University Press, 1942. Vol. I, 384 pp.; Vol. II, 354 pp. Indispensable for a comparative study of the state public notice laws. A serious flaw is the absence of dates of codes for the various states, but once the date is determined, any subsequent laws enacted in that state may be traced through State Law Index. 612. The Newspaper as Defined by Law (Ohio State University Journalism Series No. 14). Columbus, Ohio: Ohio State University, 1940. 82 pp. Court decisions-and statutes are here compared to reveal the lack of agreement as to legal definition of a newspaper for public notice purposes. See also 660, 661. 613.

Public Notice or Service by Publication in History, Law

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103

and Procedure. Omaha, Neb.: Associated Court & Commercial Newspapers, Inc., 1938. 39 pp. A n argument for legal advertising as essential to democratic processes of government. 614. Sparlin, Estal E . The Administration of Public Printing in the States (University of Missouri Studies, Vol. XII, No. 4). Columbia, Mo.: University of Missouri, 1937. 120 pp. A careful analysis of practices in all the states. It is critical of certain newspaper methods in promoting or defending county printing and legal advertising expenditures. Includes valuable statistics on amounts spent annually by various states, laws governing public printing, etc. 615. Swindler, William F . Legal Advertising Rates of the 48 States (University of Idaho Department of Journalism Bulletin No. 2). Moscow, Idaho: University of Idaho, 1944. 13 pp. Tables show units for measuring advertising in various states, date of enactment of state rate laws, comparison of rates for various states, comparison of legal advertising rate averages with averages for commercial rates, etc. State Laws Note: The following collections of state public notice laws are classified (616-654) alphabetically by states rather than by authors, because in most instances it is believed the user of this list will be primarily interested in locating the law of a particular state with a minimum of effort. 616. Alabama. Thomas S. Lawson, comp. Alabama Laws Relating to Publications and Notice. Montgomery, Ala.: n.p., 1941. 91 pp. 617. Arkansas. Sam Schweiger. Printing and Publishing Laws of Arkansas. Fayetteville, Ark.: Arkansas Press Association, 1939. 72 pp. 618. California. [Anon.] Laws on Publication of Legal Notices, 1937. Sacramento, Calif.: California State Printing Office, 1937. 270 pp. 619. Colorado. [Anon.] Publication Laws of the State of Colorado. Boulder, Colo.: Colorado Press Association, 1932. 277 pp. 620. Florida. Kenneth Ballinger (under the direction of J. Tom Watson). Handbook on Legal Advertising in Florida. N.p., 1943. 114 pp.

I N T H E UNITED STATES io 4 621. Idaho. W . D. Gillis, comp. Publication and Printing Laws of the State of Idaho. Buhl, Ida.: Idaho State Editorial Association, 1930 (supp. 1931, 1942). 95, 8, 4 pp.

622. William F. Swindler. Idaho Public Notice Calendar (University of Idaho Department of Journalism Bulletin No. 3). Moscow, Ida.: University of Idaho, 1945. 12 pp. Public notice laws presented in outline form (cf. 632). Supplement contains annotations of state court cases on newspaper laws of Idaho. 623. Illinois. Calvin Ellsworth Chunn. "Illinois Laws Affecting Newspapers" (unpublished Master's thesis). Evanston, 111.: Northwestern University, 1938. 624. Arthur D. Jenkins. Illinois Newspaper Law. Mascoutah, 111.: Oxford Publishing House, 1942. 317 pp. Really a small treatise on public notice law in general with particular reference to Illinois. Excellent for its examples of practical administration of county printing and legal advertising (cf. 614). Discusses enforcement of certain printing laws by mandamus action, proper contents of printing contracts, bulk sales law, etc. 625. H. W . Trouillon. Newspaper Laws of Illinois. Herrin, 111.: Herrin News, 1928. 626. Indiana. Wray Fleming and John E. Stempel. Indiana Laws Affecting Newspapers. Bloomington, Ind.: n.p., 1947. 627. Iowa. C. Fred Porter, comp. Compilation of Publishing Laws for Counties, Cities and Towns. Des Moines, la.: State of Iowa, 1939. 62 PPContains useful illustrations of forms for various notices. 628. State Printing Board. State Printing Board Law. Des Moines, la.: State of Iowa, 1942. 20 pp. Supplementary text of law creating administrative body to handle contracts for state printing. 629. Kansas. Franklin Corrick, comp. Kansas Printing Laws. Topeka, Kans.: Kansas State Printing Plant, 1935. 630. Kentucky. Llewellyn Buford Brown. A Manual of Legal Ad-

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105

vertising in Kentucky. Harrodsburg, K y . : Democrat Printing Co., 1903. 31 pp. One of the earliest state public notice law collections. 631. Victor R. Portmann, comp. Extracts of Kentucky Laws Relating to Public Printing, Legal Rates, Legal Advertising and Publication of Public Notice. Lexington, K y . : Kentucky Press Association, n.d. 32 pp. 632. Louisiana. Bruce F. Denbo. Notice by Newspaper Publication in Louisiana. Baton Rouge, La.: Louisiana State University Press, 1942. 60 pp. Expression of state public notice law in standardized outline form for ready reference. Some statutory textual matter and some annotation of court cases, though inadequate. 633. Minnesota. [Anon.] Laws and Regulations for Publication of Legal Advertising in Newspapers with Approved Forms. Minneapolis: Department of Public Printing, 1942. 64 pp. Elaborate forms illustrate exact procedure in preparing each type of public notice. C f . 627, 645. 634. Missouri. J. Edward Gerald, comp. Statutes of the State of Missouri Relating to Notice by Publication in Newspapers (University of Missouri Bulletin, Journalism Series No. 74). Columbia, Mo.: University of Missouri, 1935. 54 pp. 635. Montana. [Anon.] Publication L a w s of the State of Montana. Missoula, Mont.: Montana State Press Association, 1944. 233 pp. 636. Nebraska. Frank Marsh, comp. Digest of Publication L a w s of the State of Nebraska. Lincoln, Neb.: United Printing Co., 1932. 49 pp. 637. Nevada. [Anon.] Publication and Printing Laws of the State of Nevada. Reno, Nev.: Nevada State Press Association, n.d. 60 pp. 638. N e w Jersey. Charles Laurel Allen. Publication Laws of N e w Jersey. N e w Brunswick, N.J.: N e w Jersey Press Association, 1939. 192 pp. 639. N e w Mexico. [Anon.] Printing and Publishing Laws of the State of N e w Mexico. N.p., 1 9 4 1 - 1 9 4 2 . 12 pp.

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640. New York. [Anon.] N e w York Laws Relating to Publications (Syracuse University School of Journalism Publications, No. 1). Syracuse: Syracuse University, 1943- 186 pp. 641. N o r t h Carolina. Vera Bullock Quarles. "Digest of the Law of North Carolina Pertaining to Newspapers" (unpublished Master's thesis). Madison, Wis.: University of Wisconsin, 1938. 642. North Dakota. [Anon.] Digest of North Dakota Publication Laws. N.p., 1927. 87 pp. Exceptionally well annotated with state court cases. 643. Ohio. James E. Pollard and Ed. M. Martin. Newspaper Laws of Ohio. Columbus, Ohio: Ohio State University Press, 1937. 174 pp. Exceptionally well annotated with state court cases, and kept up to date with periodic supplements. 644. Oklahoma. C. W . Van Eaton. Oklahoma Newspaper Code. 2d ed., Oklahoma City: Harlow Publishing Co., 1938. 415 pp. One of the most exhaustive studies of state newspaper law, codifying statutes on public notice, libel, newspaper contracts, contempt, etc., with annotations of state court cases. 644a. Co., 1928.

[Same title], ist ed. Oklahoma City: Harlow Publishing

645. Oregon. [Anon.] A Condensed Calendar of Legal Publication Laws Affecting Municipal Corporations of Oregon Together with Suggested Specimen Forms. Salem, Ore.: Secretary of State, 1941. 81 pp. Excellent examples of forms for all types of public notices. Cf. 627, 633. 646. Pennsylvania. Ross M. Blair. Notice by Advertisement in Pennsylvania. 8th ed. Pittsburgh: Smith Brothers Co., 1944. 468 pp. Issued biennially with complete text of current state laws. 647. South Carolina. James Rion McKissock. "A Digest of South Carolina Law Affecting Newspapers" (unpublished Master's thesis). Madison, Wis.: University of Wisconsin, 1933. 648. South Dakota. Jason E. Payne, comp. Digest of South Dakota Publication Laws. Sioux City, la.: Western Newspaper Union, 1938. 3° PP-

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649. Texas. Clint Small, Jr. Digest of Texas Publication Law. N.p., 1941. 19 pp. 650. Virginia. [Anon.] Laws on Publication of Legal Notices in Virginia. Richmond, Va.: Virginia Press Association, 1936 (supp., 1938— 1942). 202, 9 pp. 651. Washington. E. L. Skeel, comp. The Newspaper Laws of Washington. Seattle: Washington Press Association, 1925 (supp., 1932). 74. 22 PPWell annotated with state court cases. 652. West Virginia. [Anon.] Gist of Laws Relating to Public Notice. Elkins, W. Va.: West Virginia Publishers Association, 1937. 653. Wisconsin. [Anon.] Wisconsin Laws Affecting Newspapers. Green Bay, Wis.: Wisconsin Daily Newspaper League, 1938. 100 pp.

654. Carroll B. Chouinard. "A Digest of Wisconsin Laws Affecting Newspapers" (unpublished Master's thesis). Madison, Wis.: University of Wisconsin, 1931. Articles 655. [Anon.] "Newspapers." Ruling Case Law, 20 (1918), 201213Brief résumé of legal newspapers, publishers' liabilities, and press association law. 656. "Newspapers and Press Associations." American Jurisprudence, 39 (1942), 1-26. Covers legal definitions of newspapers, rights and liabilities of publishers, statutory regulations of newspapers, press association law, and libelous publication. 657. Loomis, William W. "Newspaper Publication Laws." Proceedings of the National Editorial Association (1929), 113-122. 658. McGuire, O. R. "Public Contracts and Publicity." Georgetown Law Journal, 18 (March, 1930), 179-198. Excellent historical review of Federal statutes requiring public advertisement of government contracts on the principle that report of public stewardship to the electorate is essential to democracy.

io8 659.

IN T H E UNITED

STATES

Miranda, Juan D. " N e w s p a p e r s . " Corpus' Juris, 46 (1928), 17-

45660. Pollard, James E . "Judicial Definitions of the Newspaper." Journalism Quarterly, 17 (September, 1940), 232-246. Material from this article and 661 were incorporated into bulletin on The Newspaper as Defined by Law ( 6 1 2 ) . 661. Quarterly,

"Statutory Definitions of the Newspaper." 1 7 (March, 1940), 27-38.

Journalism

See also 1 , 2, 3. ADVERTISING Books 662. [Anon.] Billboard Control. Springfield, 111.: Illinois Legislative Council, 1944. 20 pp. Résumé of statutes and cases on the subject, including statements of the views of public, views of advertisers, etc. 663. Cannon, Ida Elizabeth. "Federal Statutes and Departmental Regulations Affecting Advertising" (unpublished Master's thesis). Columbia, Mo.: University of Missouri, 1936. 664. Chapman, Clowry. T h e L a w on Advertising. N e w York: Harper's, 1929. 495 pp. Excellent for its wide coverage of the subject. T h e author considers each step in advertising and marketing processes at which legal considerations may affect advertising: advertising copy, media, merchandising, distribution, marketing, correspondence and mail shipment, contracts, sales and shipments, accounting and good will. 665. Finkelhor, Francis. Legal Phases of Advertising. N e w York: McGraw-Hill Book Co., 1938. 345 pp. More recent than 664, though not as comprehensive. Covers copy ideas, lotteries and contests, unfair competition through advertising, media contracts and agencies. 666. Kirkpatrick, Evron M. "National Regulation of False and Misleading Advertising" (unpublished doctoral dissertation). N e w Haven, Conn.: Yale University, 1939.

ADVERTISING

109

667. Roper, Burt W . State Advertising Legislation. New York: Printers' Ink, Inc., 1945. 302 pp. Abridged texts of the laws of the 48 states affecting commercial advertising. Excellent feature is a classification of eighteen different types of advertising laws, which is used to classify the laws of each state for comparative purposes. Articles 668. [Anon.] "The Consumer and Federal Regulation of Advertising." Harvard Law Review, 53 (March, 1940), 828-842. The growth of administrative law regulating advertising is traced as part of the increasing representation of consumer interests in Federal statutes. 669. "Protection against Imitation of Advertising or Place ot Business." Case & Comment, 28 (January-February, 1922), 232-233. 670. " 'Public Aesthetics.' " United States Law Review, 66 (September, 1932), 471-476. Power to regulate billboards is claimed under a state's general power to protect public domain from unsightly publications. 671. "Right to Refuse and Edit Ads Upheld by Court." Editor & Publisher, 78 (March 10, 1945), 20. 672. "Scope of the Jurisdiction of the Federal Trade Commission over False and Misleading Advertising." Yale Law Journal, 40 (February, 1931), 617-630. Up to the time this article appeared, the Federal Trade Commission had been reluctant to take action against false advertisements. 673. "States Create a Variety of Rules on Advertising." Editor & Publisher, 78 (February 10, 1945), 55. Divergent liquor regulations cause wide legal differences. 674. "Untrue Advertising." Yale Law Journal, 36 (June, 1927), 1155-1162. Chiefly a résumé of the experiences of several states in enacting the well-known Printers' ln\ model advertising statute. 675.

Crockett, D. W. "Contracts for Display Advertisements on

110

IN T H E UNITED STATES

Buildings and Other Structures." Central Law Journal, 62 (January 5. J ^ ) . 3-4676. Deddens, Anthony T . "Power of a City to Appropriate Funds for Advertising Purposes." University of Cincinnati Law Review, 5 (November, 1931), 465-467. Home-rule cities have almost unlimited power to make such appropriations; other cases are doubtful. 677. Goodrich, Chauncey Shatter. "Billboard Regulation and the Esthetic Viewpoint with Reference to California Highways." California Law Review, 17 (January, March, 1929), 120-134, 214-231. The first article analyzes British Empire statutes and cases affecting matters of esthetic concern and illustrates the trend of the American law in this direction since the growth of city zoning laws. The second article discusses recent cases and statutes with suggestions for California legislation. 678. Handler, Milton. "False and Misleading Advertising." Yale Law Journal, 39 (November, 1929), 22-51. Considers various remedies: civil suits by the purchaser or competitor, criminal suits by the state, censorship by periodicals, and regulation by the Federal Trade Commission. 679. "The Jurisdiction of the Federal Trade Commission over False Advertising." Columbia Law Review, 31 (April, 1931), 527560. Useful review of F T C regulations with reference to advertising, although Wheeler-Lea Act has modified certain facts. Appendix lists all cases to that date involving F T C regulations on advertising, with symbols indicating whether regulation was upheld, reversed, or modified. 680. Hemingway, William. "The Mississippi Business Sign Bill." Tennessee Law Review, 6 (February, 1928), 95. 681. Hoffnagel, Harry H. "Power to Prohibit and Regulate Billboards." Cornell Law Quarterly, 3 (1918), 135. Early efforts at regulation were invalidated by the courts. 682.

Mee, J. Lester. "Validity of Municipal Regulation of Outdoor

ADVERTISING

hi

Advertising." John Marshall Law Quarterly, 4 (March, 1939), 323348. Growth of tourist trade and motoring generated a public demand for billboard regulation. 683. Millard, Everett L. "Present Legal Aspect of the Billboard Problem." Illinois Law Review, 11 (May, 1918), 29-36. Though this was a period in which municipalities were increasing their efforts to enforce billboard regulation, the validity of such ordinances was still in doubt. 684. P., C. D. "False and Misleading Advertising." Michigan Law Review, 31 (April, 1933), 804-817. Informal F T C hearings have proved the most effective methods of controlling spurious advertising. 685. Proffitt, Henry W. "Public Esthetics and the Billboard." Cornell Law Quarterly, 16 (February, 1931), 151-179. While courts were still reluctant to recognize wide enough police power to sustain billboard regulations generally, they were tending to uphold the regulations on the ground of public safety. 686. Shearer, Tom E. "National Government and False Advertisement." Iowa Law Review, 19 (November, 1933), 28-53. Cooperation between government agencies and advertisers interested in combating false advertising seen as most practical control. 687. Siebert, Fredrick S., and Edith Dyer. "Political Advertising in Illinois in the 1942 Campaign." Journalism Quarterly, 20 (June, 1943), I39-M3A study of newspaper compliance with Federal and state statutes requiring the marking of political advertising as such. 688. Tooke, C. W. "State Regulation of Billboards, Constitutionality." National Municipal Review, 21 (May, 1932), 329-330. Brief review of legal and legislative strategies followed by various states. See also 1, 2, 3, 8, 317, 396, 549, 556, 559, 568, 569, 573, 577, 593, 599, 604» 7 I I > 758> 774» 7 S l -

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AND

BUSINESS

LAW

Bool(s 689. Anderson, Oswald B. "Child Labor and the N . R . A . Newspaper Codes" (unpublished Master's thesis). Madison, Wis.: University of Wisconsin, 1936. 690. [Anon.] L a w Relating to the Employment of Minors by New York State Newspapers (Syracuse University School of Journalism Publications, No. 2). Syracuse: Syracuse University, 1943. 16 pp. Excellent summary of N e w York statutes, especially important for circulation managers. 691. Burns, Robert Kenneth Kavanaugh. "Collective Bargaining and Arbitration: the Case of the Daily Newspaper Industry" (unpublished doctoral dissertation). Chicago: University of Chicago, 1943. 692. Irion, Frederick W . "The Daily Newspaper Industry, Its Employes and the Federal Government, 1928 through 1942" (unpublished doctoral dissertation). Syracuse: Syracuse University, 1944. 693. National Labor Relations Board. Collective Bargaining in the Newspaper Industry (Division of Economic Research, Bulletin No. 3 ) . Washington, D.C.: Government Printing Office, 1938. 194 pp. Overelaborate but useful summary of newspaper economics. The four parts of the study cover ( 1 ) organization of news agencies, chain newspapers and independents; ( 2 ) interstate aspects of newspaper business; ( 3 ) American Newspaper Publishers Association as an employer organization; (4) past and present status of labor organization in the newspaper industry. 694. Piatt, Charles Morris. "Theoretical Aspects of Wage Regula tions with a Practical Application of the Fair Labor Standards Act of 1938 to the Small Daily Newspapers of Kansas" (unpublished Master's thesis). Manhattan, Kans.: Kansas State College, 1941. 695. Skeel, E . L., comp. Digest of Tax Legislation Passed by 1935 Legislature Affecting Publishing and Printing. Seattle: Washington Press Association, 1935. 8 pp.

A D M I N I S T R A T I V E A N D BUSINESS

113

Articles 696. [Anon.] " A P Wins Suit on By-Law Setting Two-Year Notice." Editor & Publisher, 75 (June 30, 1942), 6. Federal court upholds a news agency contract penalty for withdrawal of membership without notice. 697. "Circulation of Newspapers Now Taxable in Kansas." Editor & Publisher, 70 (May 29, 1937), 16. 698. "Court Upholds Paterson (N.J.) Evening News." Editor & Publisher, 76 (April 10, 1943), 6. News story on one of a number of newspaper cases involving wagehour inspection of newspaper books. 699. "Daibler Reviews Work of W L B Commission." Editor & Publisher, 79 (January 5, 1946), 16. Good résumé of wartime activities of W L B Newspaper Panel. 700. "High Court Refuses to Re-Hear Dallas News Case." Editor & Publisher, 75 (October 31, 1942), 8. Texas newspaper wins litigation with Wage-Hour Administration respecting its method of overtime payment to employes. 701. "High Court Test Due on Book Search Issue." Editor & Publisher, 78 (March 17, 1945), 20. New Jersey and Oklahoma newspapers challenge Wage-Hour inspectors' attempts to examine their office files. See 707. 702. "Judge Rules Reporters Are Not Professionals." Editor & Publisher, 77 (January 29, 1944), 7703. "New Jersey Court Holds Carrier Boy Is Employe." Editor & Publisher, 76 (March 27, 1943), 20. 704. "Press Telegrams Held Exempt from Federal Tax." Editor & Publisher, 71 (March 12, 1938), 4. 705. "Says Newspapers Not Subject to Illinois Retailers' Tax." Editor Sr Publisher, 75 (April 4, 1942), 7. 706. "Supreme Court Rules against AP, 5-3. Special Meeting of Board Is Called." Editor & Publisher, 78 (June 23, 1945), 5-7, 64-72.

ii4

I N

THE UNITED STATES

News stories and complete text of historic antitrust suit against the Associated Press, in which the court ruled against the exclusive contract and membership provisions in the AP by-laws. 707. "Supreme Court Upholds Lowell Sun Decision." Editor & Publisher, 75 (March 7, 1942), 3. Newspapers successful in fight to prevent Wage-Hour administrators from examining their records without subpoena. 708. "U.S. Supreme Court Finds 'Licensing' Tax Valid." Editor & Publisher, -ji (May 7, 1938), 4. The Arizona levy applied equitably on all businesses differs from the discriminatory control tax attempted in Louisiana. 709. Butler, James. "Supreme Court Rules Dailies Subject to WageHour Law." Editor & Publisher, 79 (February 16, 1946), 8. 710. Ellis, George P. "Security Law Analyzed for Dailies." Editor & Publisher, 69 (February 29, 1936), 10. The new Federal statute on bond issues is interpreted in terms of newspaper finance and reporting. 711. Glassman, Saul. "Federal Trade Commission, Unfair Competition, Style Piracy." Boston University Law Review, 20 (April, 1940), 365-370. The author argues that manufacturers' and artists' guilds created to combat style piracy should not be regarded as monopolistic ventures. 712. Hempstead, Walter E., Jr. "Licensing the Press under the N.I.R.A." Oregon Law Review, 13 (June, 1934), 359-364. This note considers the constitutionality of seeking to license newspapers under industrial codes later invalidated by Supreme Court. 713. McCain, James G. "The Medium through Which a Radio Wave Is Transmitted as a Natural Channel of Interstate Commerce." Air Law Review, n (April, 1940), 144-153. A member of Federal Communications Commission legal department discusses bases for Federal jurisdiction. 714. MacKinnon, Eugene. "Arbitration in the Newspaper Business." Arbitration Journal, 3 (October, 1939), 323-331.

COMMUNICATIONS

115

The chairman of the American Newspaper Publishers Association's special standing committee on labor contracts reviews dealings with typographic unions. 7 1 5 . Seitz, Reynolds C. "Rationale for Determining Newsboy and Life Insurance Solicitor Status under Unemployment and Workmen's Compensation Statutes." Kentucky Law Journal, 33 (January, 1945), 102-116. Chicago Daily News executive reviews social legislation as applied to "independent contractors" such as "little merchants." 716. Swindler, William F. "The Press and Its Relation to Administrative Law." Journalism Quarterly, 18 (September, 1941), 256-262. A review of cases involving newspapers and F T C , F C C , N L R B , ICC, and Wage-Hour Division of the Department of Labor. See also 2, 5, 19-23, 94, 104, 150, 194, 666, 668, 672, 679, 686, 720-722, 727> 73°. 737. 74 2 , 745. 748- 749, 752> 757-76'. 786. COMMUNICATIONS Bool(s 717. Associated Press. Law of the Associated Press. 2 vols. New York: n.p., 1914-1917. Vol. I, 732 pp.; Vol. II, 852 pp. Volume I is a collection of statutes and cases covering a variety of legal problems of the A P up through 1914: contracts, copyright, monopoly charges, etc., in American and foreign law. Volume II is a complete report of the famous suit against the International News Service on the right of property in news. 718. Berry, Tyler. Communications by Wire and Radio. Chicago: Callaghan & Co., 1937. 7145 pp. A chapter-by-chapter analysis of the Federal Communications Act of 1934719. Herring, James Morton, and Gerald C. Gross. Telecommunications: Economics and Regulation. New York: McGraw-Hill Book Co., 1936. 544 pp. Deals in part with national and international regulation of cables and radio communications.

n6

IN T H E U N I T E D S T A T E S Articles

720. [Anon.] "Court Orders Stay in A P Injunction." Editor Sr Publisher, 79 (February 2, 1946), 16. News agency complies with ruling that its by-laws on membership be cleansed of monopolistic features. See also 706. 721. "Field Brought about A P Monopoly Suit." Editor &• Publisher, 78 (June 23, 1945), 26. Excellent resume of famous litigation precipitated by Chicago Sun in its effort to obtain Associated Press service. 722. "Summary Judgment Statute Applicable." Editor &• Publisher, 78 (June 23, 1945), 6. Majority opinion in Supreme Court's 5-to-3 ruling against the Associated Press. 723. Bright, Charles. "Telegraphic Communication during War." Journal of Comparative Legislation, n.s., 18 (1918), 210-215. Maintains that "any cable that conveys intelligence prejudicial to the interest of a belligerent may at any moment be cut by that belligerent." 724. Caldwell, Louis G. "Comment on Current Problems of the Law of Communications." American Bar Association Journal, 22 (December, 1936), 848-852, 878. A student of communications law observes that radio problems, though different, are not so novel as to justify sudden breaking of precedent. 725. Coffin, W . J. R. "Submarine Cables in Time of War." Law Quarterly Review, 15 (April, 1899), 145-154. An early argument that cables between belligerents, or between one belligerent and a neutral, may be captured as a legal prize. 726. DeWolf, Francis Colt. "Telecommunications and Neutrality." American Journal of International Law, 30 (January, 1936), 1 1 7 I2 3A review of American efforts during the first World War to preserve neutrality in cable uses, and a discussion of problems created by the subsequent growth of radio.

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117

727. Launer, Seymour. "News-Gathering Agencies and Freedom of the Press." St. John's Law Review, 19 (April, 1945), 128-134. Summary of proceedings in Associated Press monopoly case just before Supreme Court's final judgment. 728. Nordon, Charles L. "Some Legal Aspects of the Submarine Cable and Wireless Telegraph in War." Law Magazine & Review, 5th ser., 32 (February, 1907), 166-184. Reviews proposals by the United States and other countries with reference to international law and domestic law on communications. 729. Siegel, Seymour N. "Realistic Approach to the Law of Communications." Air Law Review, 8 (April, 1937), 81-98. 730. Swindler, William F. "The AP Anti-Trust Case in Historical Perspective." Journalism Quarterly, 23 (March, 1946), 40-57. Surveys nineteenth-century news agency development, charter provisions of Associated Press of Illinois and the later Associated Press of New York, and litigation surrounding each. 731. Thackrey, Russell I. "Legal Controls of Communications as America Enters World War II." Journalism Quarterly, 19 (March, 1942), 24-27. Many controls of the first World War were revived soon after Pearl Harbor, but the United States from the first showed more liberality in the administration of the communications law than had been true in 1917-1918. 732. Webster, Bethuel M., Jr. "Note on the Policy of the Administration with Reference to the Control of Communications." Air Law Review, 5 (April, 1934), 107-131. Excellent summary of governmental policies and legislation leading up to the Communications Act of 1934. 733. Woolsey, Theodore S. "Wireless Telegraphy in War." Yale Law Journal, 14 (March, 1905), 247-254. Useful as background; contemporary speculation as to possible violation of neutrality by the use of wireless for public or private messages during war. See also 80, 655, 656, 659, 843, 845, 850, 882, 883, 885, 887, 888.

118

IN T H E U N I T E D STATES RADIO Boo\s

734. Davis, Stephen. The L a w of Radio Communications. N e w Y o r k : McGraw-Hill Book Co., 1927. 206 pp. Excellent résumé of radio law to and including the Radio Act of 1927. Covers the right to engage in radio communication, state and Federal jurisdiction, copyright, defamation, and international law. 735. Davis, W . Jefferson. Radio Law. 2d ed. Los Angeles: Parker, Stone & Baird Co., 1931. 404 pp. Discussion of American and European radio statutes and cases of the 1920s, with some mention of radio defamation. 736. Dill, Clarence C. Radio L a w , Practice and Procedure. Washington, D.C.: National L a w Book Co., 1938. 353 pp. Senator Dill traces radio regulations from earliest cases and statutes through the Radio Act of 1927 and the Communications Act of 1934. H e emphasizes the need for understanding basic engineering problems before attempting legislation on broadcasting side. 737. Federal Communications Commission. Report on Chain Broadcasting. Washington, D.C.: Government Printing Office, 1941. 153 pp. Primarily descriptive, but with some useful references to proposed changes in regulations affecting broadcasting. 738. Friedrich, Carl J. Controlling Broadcasting in Wartime: a Tentative Public Policy. Cambridge, Mass.: n.p., 1940. 34 pp. 739. Harbaugh, James L. " T h e Radio Broadcasting Station License" (unpublished doctoral dissertation). Washington: Georgetown University, 1939. 740. Lewis, Elmer F., comp. Radio Laws of the United States. Washington, D.C.: Government Printing Office, 1941. 1 1 9 pp. Collection of all Federal statutes still in force, from the Act of 1910 to the Act of 1940. Useful as a quick reference. 741. Morrow, William L. "Some Constitutional Aspects of the Communications Act of 1934" (unpublished doctoral dissertation). Washington: Georgetown University, 1938.

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119

742. Robinson, Thomas Porter. Radio Networks and the Federal Government. New York: Columbia University Press, 1943. 278 pp. 743. Socolow, Abraham W. The Law of Radio Broadcasting. 2 vols. New York: Baker, Voorhis 8c Co., 1939. Vol. I, 660 pp.; Vol. II, 1566 pp. Most comprehensive study yet made of the subject. Volume I covers Federal and international regulation of radio and administrative procedure of F C C ; state regulations; station contracts with advertisers; network broadcasting, etc. Volume II covers artist relations; Ch. 27, news broadcasts; Ch. 28, privacy; Chs. 29, 30, defamation; Ch. 31, lotteries; Chs. 32, 33, trade names and trade marks; Chs. 25, 26, advertising problems; Ch. 27, censorship; Chs. 28-47, copyright. 744. Zollmann, Carl F. G. Law of the Air. Milwaukee: Bruce Publishing Co., 1927. 286 pp. Covers both aviation and radio. Articles 745. [Anon.] "Administrative Control of Radio." Harvard Law Review, 49 (June, 1936), 1333-1343. 746. "Broadcasting, 'Invasion from Mars,' Recovery for Fright without Impact." Air Law Review, 10 (April, 1939), 192-198. Speculation on the liability of stations for certain types of programs. 747. "Broadcasting, Censorship, Suggested Reforms." Air Law Review, 9 (April, 1938), 202-205. Public protest against distasteful programs held to be more effective than legislation. 748. " F C C Regulation of Competition among Rival Networks." Yale Law Journal, 51 (January, 1942), 448-465. Discussion of 1941 chain broadcasting regulations and their anticipated effects upon radio networks as advertising media. 749. "Federal Communications Commission's Investigation and Regulations Affecting Chain Broadcasting—an Analysis." Air Law Revie.w, 12 (April, 1941), 187-203. Analyzes network organization and operation, affiliation contracts

no

IN T H E U N I T E D S T A T E S

of member stations, control of broadcasting talent, and use of electrical transcriptions. 750. "Liability of a Broadcasting Station for Defamation over the Radio." United States Law Review, 66 (December, 1932), 637643. 751. "Piracy on the Ether, Propaganda." Air Law Review, 7 (October, 1938), 384-386. 752. "State Taxation of Radio Broadcasting Stations." Yale Law Journal, 45 (January, 1936), 495-504. Summary of experiences of various states in taxing radio stations as part of the question of state v. Federal administration of the air. 753. "Unauthorized Broadcasts of Sports Events." Air Law Review, 10 (January, 1939), 94-100. Interesting review of property rights in professional sports events from a case in 1886 to the present question of radio piracy. 754. "Unfair Competition and Exclusive Broadcasts of Sporting Events." Yale Law Journal, 48 (December, 1938), 288-302. Comparison of American and British Empire cases on the question of unfair competition in news communications. 755. Ashby, Aubrey L. "Legal Aspects of Radio Broadcasting." Air Law Review, 1 (July, 1930), 331-348. Discusses ( 1 ) early history of radio broadcasting and state and Federal attempts at regulation; (2) Federal Radio Commission of 1927; (3) record of F R C as to copyright, piracy, libel and slander, contempt, unfair competition, privacy, etc. 756. Bartenstein, Fred, Jr. "Defamation by Radio." Washington & Lee Law Review, 1 (Fall, 1939), 103-115. Brief comparison of newspaper and radio with reference to published defamation. 757. Berman, Manuel K . "Regulation of Radio Broadcasting." Boston University Law Review, 13 (June, 1933), 60-73. Sketches the history of radio law from 1912 to 1927 and analyzes policies of old Federal Radio Commission. 758. Bielaski, A. Bruce, Jr. "Radio Advertising—Control of Quality and Quantity." Air Law Review, 5 (October, 1934), 367-373.

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Although Congress has general power to regulate advertising and other phases of broadcasting, the author points out that because radio depends on advertising revenue for its existence, control must be reasonable. 759. Brown, Stanley M., and John Wesley Reed. "Regulation of Radio Broadcasting: Competitive Enterprise or Public Utility?" Cornell Law Quarterly, 27 (February, 1942), 249-266. The authors argue that radio advertising needs more effective regulation to place it under the same degree of control as printed advertising. 760. Caldwell, Louis G. "Legal Restrictions on the Contents of Broadcast Programs." Air Law Review, 9 (July, 1938), 229-249. FCC policies seek to encourage diversity of program service, discourage propaganda, strike a balance between chain and local broadcasts and between "live" and transcribed programs, fight piracy and regulate foreign-language broadcasts. 761. "Practice and Procedure before the Federal Radio Commission." Air Law Review, 1 (April, 1930), 144-185. Highly technical but useful as background to present F C C procedure. 762. "Piracy of Broadcast Programs." Columbia Law Review, 30 (December, 1930), 1087-1114. Excellent discussion of national and international problems and practice in trying to prevent misappropriation of radio broadcasts before, during, and after the original broadcast to the public. 763. Conrad, Edwin. "Pending Radio Legislation." Wisconsin Law Review, 1946 (March, 1946), 109-118. Bills under consideration in 1946 Congress concerned free speech on the air, false advertising, defamation, and related subjects. 764. Donovan, William J. "Origin and Development of Radio Law." Air Law Review, 2 (April, July, November, 1931), 107-129, 349-370, 468-477. 765. Fairchild, Thomas E. "Defamation, Broadcast over Radio, Liability of Broadcasting Station." Wisconsin Law Review, 11 (December, 1935), 115-118. The courts are inclined to hold the broadcaster liable just as a newspaper is held liable in similar situations.

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766. Finlay, J. F. "Defamation by Radio." Canadian Bar Review, 19 (May, 1941), 353-374. Excellent summary of general Anglo-American law as applied to newspapers and transferred to radio. 767. Fletcher, William Meade. "The Interstate Character of Radio Broadcasting: an Opinion." Air Law Review, n (October, 1940), 345393Exhaustive review of all phases of the question in an opinion by the chairman of the Virginia State Corporation Commission, who concludes that radio is interstate in character and admits only of Federal regulation. 768. Fortunoff, Daniel G. "Radio, Liability of Radio Corporation for Defamatory Statements Uttered over the Air." Air Law Review, 12 (July, 1941), 316-333. Broadcaster's liability may be mitigated where due care has been exercised in seeking to prevent defamation. 769. Gibson, Thelma. "Liability of a Broadcasting Station for Defamation over the Radio." Journal of Radio Law, 1 (July, 1931), 362-367. Responsibility in radio broadcasting is a question of both checking defamation and of not hampering freedom of speech. 770. Graham, Donald G. "Defamation and Radio." Washington Law Review, 12 (November, 1937), 282-293. The test of "due care" is offered to determine a station's liability: Has the station required an advance copy of the script for examination, and has the station engineer been instructed to cut the speaker off the air in case of unlawful utterances? 771. Haley, Andrew. "Broadcasting and the Public Interest Involved." Georgetown Law Journal, 22 (May, 1934), 844-858. Obscenity, racial aspersions, and defamation are primary considerations in broadcasting control. 772. "Court Adjudication on the Licensing and Deletion of Radio Broadcasting Stations." Federal Bar Association Journal, 2 (March, 1936), 277-278, 303, 310. FCC may refuse to renew licenses ( 1 ) to equalize facilities among

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states, (2) to punish violations of communications law, (3) to punish failure to operate in the public interest. 773. "Law on Radio Programs." George Washington Law Review, 5 (January, 1937), 157-197. The author first outlines the doctrine of public interest in radio, then discusses radio defamation as two primary branches of radio law. 774. Harrison, G. F. "Liquor—and Radio Advertising." Georgetown Law Journal, 28 (April, 1940), 945-950. Discussion of contemporary Congressional proposals for keeping liquor advertising off the air. 775. Hettinger, Herman S. "A Commentary on Radio Regulation." Air Law Review, 10 (January, 1939), 28-43. Discussion of the engineering, economic, and social factors involved, as well as brief mention of newspaper-radio joint ownership. 776. Hickey, Edward J., Jr. "Radio Defamation—Slander or Libel?" Georgetown Law Journal, 26 (January, 1938), 475-484. The distinction between slander and libel evolved before the age of radio presents obstacles to effective adjudication of radio defamation. 777. Hood, William F. "Classification of Radio Defamation, Liability of Broadcaster." Michigan Law Review, 39 (April, 1941), 10021010. Good summary of the arguments for and against holding the broadcasting station liable. 778. Kadetsky, Ira, and Leroy Kahn. "Legal Problems of Radio Broadcasting Contracts." Air Law Review, 1 (April, 1930), 154-169. Requirement of specific performance of broadcast may be a more effective remedy than damages for nonperformance. 779. Keller, Joseph E. "Federal Control of Defamation by Radio." Notre Dame Lawyer, 12 (November, 1936, June, 1937), 15-39, r 34~ 178. Federal control of radio broadcasting conflicts with the basic policy of American jurisprudence to leave tort actions largely to states; the author reviews Federal and state laws on radio to illustrate the need for a more settled policy.

I N T H E 124 UNITED STATES 780. Kutten, Joseph. "Radio Defamation—Libel or Slander?" Washington University Law Quarterly, 23 (February, 1938), 262-270. Distinctions between libel and slander become artificial in radio cases where elements of both are present.

781. Levenson, Leonard B. "Constitutional Law, Prohibition of the Broadcasting of Intoxicating Liquor Advertisements." Air Law Review, 5 (April, 1934), 187-193. Such advertising may be controlled by the states through police power, by the Federal government through control over interstate commerce, and by the old Federal Radio Commission through its licensing power. 782. Masters, Keith. "Governmental Regulation of Radio." John Marshall Law Quarterly, 3 (September, 1937), 167-174. F C C power to put a station out of business by refusing to renew its license is seen as a potential threat to free enterprise as well as free speech. 783. "Present Status of Radio Law: a Survey." John Marshall Law Quarterly, 1 (March, 1936), 211-233. Brief review of defamation, copyright, unfair competition, test of public convenience and necessity, statutory regulation, etc. 784. "Radio Law." John Marshall Law Quarterly, 4 (September, 1938), 155-168. Digest of lecture on subject, with questions and answers. 785. McDonald, Joseph A., and Ira L. Grimshaw. "Radio Defamation." Air Law Review, 9 (October, 1938), 328-351. With courts still vague as to the nature of radio defamation and the responsibility of parties, the law is still in flux. 786. Miller, Neville. "Legal Aspects of the Chain Broadcasting Regulations." Air Law Review, 12 (July, 1941), 293-298. The president of the National Association of Broadcasters asks for a more definite law on the powers of F C C so that the radio industry may know its own status under the law. 787. Nash, Frank E. "Application of the Law of Libel and Slander to Radio Broadcasting." Oregon Law Review, 17 (June, 1938), 3073l3-

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The author suggests that the degree of liability for a broadcaster be similar to that of a news vendor rather than that of a news publisher. 788. Newhouse, Andrew J. "Defamation by Radio, a New Tort." Oregon Law Review, 17 (June, 1938), 314-319. The author believes that radio defamation must be considered a new tort, since neither libel nor slander is completely adequate. 789. Plotkin, Harry M. "Procedure Followed by the Federal Communications Commission in Passing upon Applications for Radio Stations." Pennsylvania Bar Association Quarterly, 17 (April, 1946), 291295-

Commission's counsel reviews typical situations which arise before agency in considering petitions for right to broadcast. 790. Pulliam, Eugene. "Social Aspect of Radio." Indiana Law Journal, 15 (June, 1940), 396-407. Emphasizes the social gains to the public through freedom of the air. 791. Ricketts, Lewis R. "Liability of a Radio Station for Defamation over the Radio." Nebraska Law Bulletin, 11 (February, 1933), 325342. 792. Rowley, Frank S. "Problems in the Law of Radio Communications." University oj Cincinnati Law Review, 1 (January, 1927), 1-35. Good summary of arguments for and against constitutionality of government control, although obsoleted in some respects by later enactments. 793. Seitz, R. C. "Radio Station Responsibility for Extemporaneous Defamation—a Reply." Marquette Law Review, 25 (June, 1941), 192194. Comment on an article by Professor Void (806) which in turn commented on Seitz's original article (794). 794. "Responsibility of Radio Stations for Extemporaneous Defamation." Marquette Law Review, 24 (April, 1940), 1 1 7 - 1 2 5 . Urges that the question of whether a station has consented to the defamatory broadcast be considered in fixing liability. 795. Shapiro, Barnet Charles. "Radio Broadcasting, Liability of Broadcasting System and Associated Individual Stations for Defama-

126

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tion during a Sponsored Program." Air Law Review,

6 (January,

!935)> 81-89. "Reasonable care" is believed likely to be the test of the broadcaster's liability. 796. "The Press, the Radio and the Law." Air Law Review, 6 (April, 1935), 128-154. Excellent review of the early conflict between press and radio over property in news, as represented by famous K V O S case in its early stages. 797. Siebert, Fredrick S. "Legal Problems of Radio News: a Summary." Journalism Quarterly, 23 (June, 1946), 189-192. Brief oudine of chief questions in which journalistic law has been applied to radio journalism. 798. Siegel, Seymour N. "Radio and Propaganda." Air Law Review, 10 (April, 1939), 127-145. Emphasizes that radio should be accessible, within reason, to all groups which have programs to publicize. 799. Stewart, Irvln. "The Public Control of Radio." Air Law Review, 8 (April, 1937), 131-152. F C C vice-chairman discusses equitable distribution of broadcasting facilities, network operations, newspaper-radio joint ownership, supervision of advertising, and censorship. 800. Stromberg, Robert E. "Radio Broadcast Rate Regulation." Air Law Review, 10 (October, 1939), 325-336. Regulatory power may be exercised to prevent excess profits. 801. Symes, J. F. "Discrimination in the Rating of Popular Songs by Radio Programs." Rocky Mountain Law Review, 18 (February, 1946), 131-139. 802. Tribolet, Leslie Bennett " A Decade of American Air Policies, 1922-1932." Air Law Review, 9 (April, 1938), 181-195. Reviews both aviation and radio law. With reference to radio, government has held airways to be public property, licensed to private broadcasters for profit ventures in the public interest. 803. Void, Lawrence. "Basis for Liability for Defamation by Radio." Minnesota Law Review, 19 (May, 1935), 611-620. Exhaustive analysis of the subject. The author points out that the

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127

broadcasting act involves both speaker and station, believes that radio defamation is equivalent to libel rather than slander, and compares station liability to that of newspapers, telephone, and telegraph. 804.

"Defamation by Radio." Journal of Radio Law, 2 (October,

i93 2 ). 673-7 0 7The author favors rules of libel rather than of slander, and raises the question of privilege applicable to radio. 805. "Defamatory Interpolations in Radio Broadcasting." University of Pennsylvania Law Review, 88 (January, 1940), 249-296. Proceeding from the proposition that stations should be liable for extemporaneous as well as script defamation, the author illustrates a variety of situations in question—where the station's own announcer makes the statement, where an outsider does so, etc. Trend of broadcasting toward automatic transmission is seen heightening the responsibility of stations. 806. "Extemporaneous Defamation by Radio—a Rejoinder." Marquette Law Review, 25 (February, 1941), 57-65. Replying to Seitz (794), the author contends that since responsibility for defamatory broadcasts is entirely on the side of the station, it should be held absolutely liable. 807. Willis, Willett. "Equitable Protection for Baseball Broadcasts." Roc^y Mountain Law Review, 11 (December, 1938), 57-59. The question is one of public interest (free access to news) v. legitimate property interest. See also 1, 98, 99, 101, 104, 144, 145, 157, 174, 178, 180, 189, 193, 197, 205, 206, 217, 265, 319, 342, 398, 404, 408, 417, 550, 552, 555, 558, 561, 562, 565, 567, 575, 578, 585, 591, 600, 608, 713, 718, 719, 816, 849, 855, 857-862, 868, 870, 875, 879, 883, 887, 888. POSTAL

LAWS

Books 808. Post Office Department. Postage Rates, 1789-1930. Washington, D.C.: Government Printing Office, 1930. 55 pp. Abstract of all laws affecting rates, including changes in second-class privileges and rates.

128

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809. Rogers, Lindsay. The Postal Powers of Congress, a Study in Constitutional Expansion. (Johns Hopkins University Studies in Historical and Political Science, Ser. XXXIV, No. 2). Baltimore, Md.: Johns Hopkins Press, 1916. 189 pp. Excellent historical summary of newspaper legislation to date of this study appears on pp. 98-123; the rest is invaluable as background. Articles 810. [Anon.] "Court Declares 'Famous Names' Contest a Lottery." Editor & Publisher, 70 (December 18, 1937), 10. St. Louis Globe-Democrat's feature, held to violate postal law. 811. "Constitutionality of Postal Regulations as an Interference with Freedom of the Press." Central Law Journal, 72 (January 6,1911), 29-31. 812. "Federal Police Power Turns to the Postal Clause." Fordham Law Review, 5 (May, 1936), 302-322. 813. "The Esquire Case—a Novel Extension of the PostmasterGeneral's Powers of Reclassifying Mail." Yale Law Journal, 53 (September, 1944), 733-757. Good summary of magazine's troubles with Post Office prior to final appeal to Supreme Court. 814. Brettman, John. "Freedom of the Press—Power to Revoke the Second-Class Mail Privilege." California Law Review, 34 (January, 1946), 431-435. Supreme Court holds Post Office has no general power to consider "worth" of a publication in its application for second-class mail privileges. 815. Deutsch, Eberhard P. "Freedom of the Press and of the Mails." Michigan Law Review, 36 (March, 1938), 703-751. Well-documented historical summary of postal powers with respect to their effects upon press freedom. 816. Haley, Andrew. "Broadcasting and Postal Lottery Statutes." George Washington Law Review, 4 (May, 1936), 475-496; Air Law Review, 7 (October, 1936), 405-424.

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Postal statute of 1909 and Communications Act of 1934 both aim at combating the spread of lottery information. 817. Hull, Julius H . "Judicial Review of Orders by the PostmasterGeneral Revoking Second-Class Mailing Privileges." Georgetown Law Journal, 34 (November, 1945), 77-88. Postmaster's authority to admit to second-class mail does not imply additional authority to revoke this privilege for failure to conform to his standards of public usefulness. 818. McM., G. M. "Administrative Law—Post Office—Second-class Mail Privileges—Power of Postmaster-General." George Washington Law Review, 14 (April, 1946), 518-521. Court holds that "privilege" of using second-class mail is not to be regulated in such a way as to interfere with guarantees of press freedom. 819. Perlman, N. D., and M. Ploscowe. "False Defamatory AntiRacial and Anti-Religious Propaganda and the Use of the Mails." Lawyers' Guild Review, 4 (January-February, 1944), 13-23. 820. Rogers, Lindsay. "The Extension of Federal Control through the Regulation of the Mails." Harvard Law Review, 27 (November, 1913X 27-44. Views the Supreme Court decision on the "newspaper publicity law" as an indirect encroachment upon press freedom. 821. Schroeder, Theodore. "On the Implied Power to Exclude 'Obscene' Matter from the Mail." Central Law Journal, 65 (September 6 > *9°7)> !77-i83Makes the startling claim that postal censorship laws "are beyond the power of Congress to enact." 822. T., J. H., Jr. "Postal Power and Its Limitation on Freedom of the Press." Virginia Law Review, 28 (March, 1942), 634-648. Although recent court decisions have liberalized the concept of civil liberties, old postal decisions are seen as remaining a threat to free expression. 823. Weker, Meyer. "The Power to Exclude from the Mails." Boston University Law Review, 10 (June, 1930), 346-350. See also 1, 2, 36, 194, 221, 851, 866.

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824. Dicey, A. V. LectUres on the Relation Between Law and Public Opinion in England During the Nineteenth Century. London: Macmillan, 1905. 503 pp. Although not a study of the press or press law, this classic is invaluable to anyone studying the relationships between public opinion, of which the press is both reporter and amplifier, and changing ideas in legislation and jurisprudence. Articles 825. [Anon.] "Court Upholds Newspaper in Radio Suit." Editor & Publisher, 77 (January 8, 1944), 57. Unique case in which Denver Post was sued for refusing to list the programs of a local radio station. 826. "Press and the Bar." United States Law Review, 68 (September, 1934), 457-459. 827. Aumann, F. R. "Public Opinion and the Legal Technique." United States Law Review, 69 (February, 1935), 71-89. 828. Baker, John Newton. "The Press and Crime." Journal of Criminal LAW, 33 (March-April, 1943), 463-467. A sociologist avers that the press does as much service as disservice to society in publishing crime news; he believes that better reporting of such news waits for a greater ethical sense among journalists. 829. Caldwell, Morris Gilmore. "Sensational News in the Modern Metropolitan Newspapers." Journal of Criminal Law, 23 (July-August, 1932), 191-204. More unfavorable in its verdict with respect to press responsibility than Baker's later study (828). 830. Cohen, J. "Publicity—Good and Bad." Journal of the Bar Association of Kansas, 4 (February, 1936), 234-239. 831. Ingalls, Claude E. "Crime v. the Press and the Lawyer." Oregon Law Review, 14 (April, 1935), 368-376.

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Newspaper editor stresses the common interest of press and bar in combating crime. 832. Le Viness, C. T., III. "Crime News." United States Law 66 (July, 1932), 370-373.

Review,

833. McManus, Terence J. "Cooperation Between Press and Bar: a Desideratum." St. John's Law Review, 9 (December, 1934), 94-100. 834. Rosewatcr, Victor. "The Bar's Complaint against the Press." American Bar Association Journal, 11 (April, 1925), 211-216. An Omaha editor explains to lawyers some of the journalistic reasons for newspaper practices which lawyers condemn. He rejects the suggestion of bar that legislation be passed to punish inaccurate news, as likely to stifle press freedom. 835. Sforza, Carlo. " A Basic Condition of International Reconstruction: Freedom of Opinion and Press." American Political Science Review, 37 (October, 1943), 838-850. A distinguished Italian liberal draws historical parallels between the European wars and the suppression of liberties since Napoleonic era. 836. Shelton, Thomas B. "The Press and the Administration of Justice." American Bar Association Journal, 9 (January, 1923), 9-13. The complex nature of legal procedure and attorneys' practices work against the popular interest in the finer points of juridical machinery. 837. Siebert, Fredrick S. "Research in Press Law and Freedom of the Press." Journalism Quarterly, 10 (March, 1942), 69-70. Lists a number of specific fields of press law in which additional research would benefit both bar and press. 838. Wilson, Logan. "Newspaper Opinion and Crime in Boston." Journal of Criminal Law and Criminology, 29 (July-August, 1938), 202-215. A sociologist finds that newspaper stories and editorials serve to articulate mass beliefs and misconceptions about crimes and their remedies. 839. Yankwich, Leon R. "Sensationalism in Crime News; Newspapers and the Administration of Justice." American Bar Association Journal, 19 (January, 1933), 51-53. Cooperation among press, bar, and general public seen as the only means to achieve responsible, accurate reporting of crime news.

II. INTERNATIONAL AND FOREIGN LAW INTERNATIONAL

LAW

Bool(s 840. [Anon.] Report on L a w s on Protection of Press Information (Conference of Press Experts, 1927). Geneva: Publications of the League of Nations, Gen. 1927. 5. 28 pp. Text and commentaries on laws and treaties of various countries seeking to protect property interests in news. 841. World Freedom of News. Washington, D.C.: Government Printing Office, 1945. 37 pp. Collection of articles, resolutions, and other pertinent data submitted to the House Committee on Foreign Affairs. 842. Briggs, William. T h e L a w of International Copyright. London: Stevens & Haynes, 1906. 850 pp. One of the earliest studies of property rights in the international field. 843. Clark, Keith. International Communications: the American Attitude (Studies in History, Economics & Public L a w , No. 340). N e w Y o r k : Columbia University Press, 1 9 3 1 . 261 pp. Outlines the history, treaties, and administrative machinery of the international postal service, telegraph, submarine cables, and radio, with a discussion of the American attitude or policy in each case. 844. Ladas, Stephen P. T h e International Protection of Literary and Artistic Property ( H a r v a r d Studies in International L a w ) . 2 vols. N e w Y o r k : Macmillan, 1938. Vol. I, 679 pp.; Vol. II, 1273 pp. Volume I covers the historical development of the theory of author rights, and an elaborate study of the International Copyright Union ( C h . 16 dealing with newspaper copyright) and the Inter-American Copyright Conventions. Volume II deals with American copyright and comparative copyright law.

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845. Manee, Sir Harry Osborne, and J. E . Wheeler. International Telecommunications. London & New York: Oxford University Press, 1943. 90 pp. Brief outline of international law relating to communications. 846. Sharp, Eugene W . The Censorship and Press Laws of Sixty Countries (University of Missouri Bulletin, Journalism Series No. 77). Columbia, Mo.: University of Missouri, 1936. 49 pp. Outdated by recent world events. Covers legal problems of starting a newspaper, editors' liabilities, newsboys, and specific offenses which call for suppression or punishment of newspaper. 847. Shearman, Montague, and O. T . Raynor. The Press Laws of Foreign Countries. London: H. M. Stationers' Office, 1926. 328 pp. Now quite obsolete, but valuable as background; contains texts, in English and French, of press laws of leading countries, with an appendix of the press laws of India. 848. Swindler, William F . "Phases of International Law Affecting the Flow of International News Communications" (unpublished doctoral dissertation). Columbia, Mo.: University of Missouri, 1942. 223 PPCovers the right to gather and transmit international news, property protection for news in various countries and under copyright conventions, the law relating to censorship and propaganda, and conflicts of the law affecting journalism. 849. Tomlinson, John D. The International Control of Radio Communications. Ann Arbor, Mich.: J. W. Edwards, 1945. 314 pp. 850. Tribolet, Leslie Bennett. The International Aspects of Communications in the Pacific Area (Johns Hopkins Studies in History and Political Science, n.s., No. 4). Baltimore, Md.: Johns Hopkins Press, 1929. 282 pp. Useful as background to problems of communications in the Pacific area and the international rivalries represented in cables and radio. Articles 851. Akzin, B. "Membership in the Universal Postal Union." American Journal of International Law, 27 (October, 1933), 651-674. Outline of procedure for entry into the Union.

i34 INTERNATIONAL AND FOREIGN 852. [Anon.] "Full Report of the A S N E Committee on Freedom of Information." Editor & Publisher, 78 (June 18, 1945), 1-28 (special reprint). Report of interviews conducted by a three-man committee of the American Society of Newspaper Editors, with various foreign government officials, as part of the American campaign for international freedom of news. Cf. 841. 853. "Post and Telegraph, Overseas Wireless Message, 'DropCopy' Service." Australian Law Journal, 14 (August 16, 1940), 151— 152Press association messages received from abroad may be transmitted direct to individual newspapers by a wireless company without violating international law. 854. "Statement of Essential Human Rights." Dickinson Law Review, 50 (October, 1945), 7-19. American Law Institute committee representing "principal cultures of the world" lists eighteen basic rights of world society, including freedom of opinion and speech. 855. Biro, Sidney S. "International Aspects of Radio Control." Journal of Radio Law, 2 (January, 1932), 45-65. Isolationism and nationalism bred by the first World War set back by a decade the development of international cooperation in radio control. 856. Brown, James Lasalle. "Comparative Copyright Legislation." Journal of the Patent Office Society, 20 (February, 1938), 157-177. Considers eligibility and the procedure for obtaining copyright, duration of protection, right of translation and penalties, in the domestic laws of England, France, Germany, and Italy. 857. Brown, Louis M. "International Broadcasting: Its Copyright Aspect." Southern California Law Review, 15 (January, 1942), 164186. Primarily a comparison of American and British court cases on copyright with some discussion of the conflict of laws in respect to other countries. 858. Caldwell, Louis G. "The International Ether Lanes." Air Law Review, 8 (July, 1937), 201-212.

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Emphasizes the need for international cooperation and regulation to prevent overcrowding the available broadcast bands around the earth. 859. "International Protection of Broadcasters against Commercial Use of Their Programs." Journal of Radio Law, 2 (July, 1932), 479~527Protection is needed against rebroadcasts, "radio-centrals" for "piped" broadcasts, unauthorized recordings, tapped wires, use of program content by newspapers, etc. 860. Davis, Manton. "International Radiotelegraph Conventions and Traffic Arrangements." Air Law Review, 1 (July, 1930), 349-375. A summary of radio policies evolved at international conferences and in treaties from 1903 to 1929. 861. Davis, W. Jefferson. "International Radio Relations." Georgetown Law Journal, 16 (June, 1928), 400-414. The Washington Radio Conference of 1927 emphasized the need for international control because ( 1 ) radio waves cross all frontiers, (2) broadcasting stations are increasing, (3) radio programs are private property in certain countries. 862. DeWolf, Francis Colt "The Cairo Telecommunications Conferences." Air Law Review, 10 (July, 1939), 298-302. Discusses only engineering aspects, but is useful as background. 863. DeWolf, Richard C. "International Copyright Union." Journal of the Patent Office Society, 18 (January, 1936), 33-42. 864. Dickinson, Edwin D. "The Defamation of Foreign Governments." American Journal of International Law, 22 (October, 1928), 840-844. Except to the degree that they must try to preserve international good relations, most modern governments avoid noticing officially any derogatory statements of its nationals with reference to other states. 865. Duffy, F. Ryan. "International Copyright." Air Law Review, 8 (July, 1937), 213-223. 866. Eagleton, Clyde. "Interference with American Mails." American Journal 0] International Law, 34 (April, 1940), 315-320. Neutrality laws may force a nation like the United States into position where its foreign mails are at the mercy of belligerents.

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867. Fcnwick, Charles G. "Intervention by Way of Propaganda." American Journal of International Law, 35 (October, 1941), 626-631. The Inter-American Neutrality Convention of 1933 contained a clause prohibiting the sending of propaganda messages across national frontiers. 868. "The Use of the Radio as an Instrument of Foreign Propaganda." American Journal of International Law, 32 (April, 1938), 339—

343The world-wide range of radio waves is seen as the greatest problem to controlling propaganda through international law. 869. Headlam, Cecil "Censorship of the Press." Quarterly Review, 234 (June, 1920), 123-146. Popularized but on the whole accurate comparative study of the period during and following the first World War. 870. Homburg, R. "Next World Conference at Madrid and the International Regulation of Electric and Radio-Electric Transmissions." Journal of Radio Law, 1 (July, 1931), 220-240. 871. Hudson, Manley O. "International Protection of Property Rights in News." American Journal of International Law, 22 (April, 1928), 385-389. Harvard expert reviews the attempts of various governments, all with indifferent success, to solve the problem. 872. Ladas, Stephen P. "Inter-American Copyright." University of Pittsburgh Law Review, 7 (June, 1941), 283-297. Lack of unanimous support of Buenos Aires treaty of 1910, and conflicts of domestic copyright laws, impede the progress of the Western nations toward full author protection. 873. Lauterpacht, H . "Revolutionary Activities by Private Persons against Foreign Governments." American Journal of International Law, 22 (January, 1928), 105-130. Reviews treaties on the subject, municipal laws on neutrality or mutual insurance, international conventions, etc. 874. "Revolutionary Propaganda by Governments." Grotius Society Transactions, 13 (1928), 143-164. Governments normally are held responsible for any official acts of propaganda.

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875. LcRoy, Howard S. "Treaty Regulation of International Radio and Short Wave Broadcasting." American Journal of International Law, 32 (October, 1938), 719-737. Radio treaties fall into two groups covering either technical or program details. The latter may include clauses on propaganda. 876. Lewis, William Draper. "The International Bill of Rights Project." Pennsylvania Bar Association Quarterly, 15 (October, 1943), 2 1 American Law Institute committee seeks to identify common provisions in "the liberal elements of the major cultures" of the world as the basis for such a bill. See also 854. 877. Mander, Linden A. "Civil Liberty after the War." American Political Science Review, 40 (February, 1946), 70-79. Author believes that disruption of democratic processes caused by war makes international government as the only safeguard of civil liberty. 878. Neugebauer, E. "Radio at the Rome Convention." Journal of Radio Law, 2 (April, 1932), 253-271. 879. Neuner, Robert. "Broadcasts from Foreign Countries—Conflict of Laws Problems." Georgetown Law Journal, 33 (May, 1945), 401407. Leading journalistic problems are rebroadcasting and rewriting of foreign newscasts. 880. Nisot, Marie-Therese. "The Protection of Professional Tides." International Labor Review, 41 (January, February, 1940), 30-35, 124-125. The second article deals with laws affecting journalists in various European countries including England. 881. Ostertag, M. "International Unions for the Protection of Industrial, Literary and Artistic Property." Michigan Law Review, 25 (December, 1926), 107-123. A description of the organization of leading international unions for the enforcement of property protection treaties. 882. Otterman, Harvey B. "The Cairo Telecommunications Conferences." American Journal of International Law, 32 (July, 1938), 562568.

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883. "Inter-American Radio Conferences, Habana, 1937." American Journal of International Law, 32 (July, 1938), 569-574. Regional agreements solved many problems of international radio control which world-wide conventions had not adequately handled. 884. Preuss, Lawrence. "International Responsibility for Hostile Propaganda against Foreign States." American Journal of International Law, 28 (October, 1934), 649-668. Excellent historical review of the international law on subject. Most states decline to assume responsibility for any but overt acts by their nationals. 885. Smith, E. Stratford. "International Communications Rates, Regulation of, by Treaty." George Washington Law Review, 12 (February, 1944), 190-215. Domestic rate policies of individual nations, and the operation of nationalized communications systems for the benefit of national treasuries, are seen as chief obstacles to international rate reduction. 886. Solberg, Thorvald. "The International Copyright Union." Yale Law Journal, 36 (November, 1926), 68-107. A review of treaties creating and subsequently amending the International Copyright Union, with some discussion of pressure groups and special interests which have kept the United States out of the Union. 887. Stewart, Irwin. "The International Radiotelegraph Conference of Washington." American Journal of International Law, 22 (January, 1928), 28-49. Eyewitness account of one of the first international conferences to consider the political and social aspects of radio in addition to technical problems. 888. "The Madrid International Telecommunication Convention." Air Law Review, 5 (July, 1934), 236-266. Analysis of the technical questions covered by the convention of 1934. 889. Van Dyke, Vernon. "Responsibility of States for International Propaganda." American Journal of International Law, 34 (January, 1940), 58-73. This review of many European authorities indicates that a state is legally responsible for its official propaganda but is not bound to take action against private propagandists within its borders.

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139

890. Walker, Jerry. "Telecommunications Accord Eases Flow of Information." Editor & Publisher, 78 (December 8, 1945), 7. British-U.S. agreement fixes lower press rate. 891. Watson, Robert R. "International Law and Proposed Freedom of Information." American Journal of International Law, 39 (October, 1945). 790-793Editorial summarizes broad principles of international law involved in plans for world news freedom. 892. Williams, Henry D. "Newspaper Copyright and the International Copyright Union." Tulane Law Review, 8 (December, 1933), 98-102. The author, a reporter on American copyright law to the International Congress of Comparative Law, believes that news will ultimately be protected under the doctrine of unfair competition. Cf. 871. See also 536, 719. PRESS FREEDOM

AND

PRESS

CONTROL

Boo\s 893. [Anon.] A Collection of Acts Relating to Press in India. Lahore: Superintendent of Government Printing, 1935. 56 pp. Compilation of representative laws from various Indian states, by the Punjab legislative department. 894. Defense of Canada Regulations (Consolidation). Ottawa: King's Printer, 1941-1945. 73 pp. A collection of wartime security laws, including Regulation 39A on publishing material tending to incite insurrection. 895. Aspland, Lindsey Middleton. Law of Blasphemy. London: Stevens & Haynes, 1884. 48 pp. " A candid examination of the views of Mr. Justice Stephen." An appendix contains an essay on common-law religious offenses. 896. Cook, Sir Edward T . The Press in War-Time. London: Macmillan, 1920. 200 pp. Reminiscences by the British censor of the first World War. 897. Donogh, Walter Russell. The History and Law of Sedition and Cognate Offenses. 3d ed., Calcutta: Thacher, Spink & Co., 1917. 285 pp.

I40

I N T E R N A T I O N A L A N D FOREIGN

Primarily a summary of Indian sedition laws. Part I deals with the penal law, Part II with preventive law. There is some historical discussion of English common-law sedition; a number of chapters are devoted to notable Indian sedition cases, others to various Indian state laws. 898. Hallis, Frederick. The Law and Obscenity. London: D. Harmsworth, 1932. 40 pp. Reviews cases and statutes on immoral literature. 899. Menon, K. B. Press Laws of India. Bombay: Indian Civil Liberties Union, 1937. 52 pp. 900. Nokes, Gerald D. History of the Crime of Blasphemy. London: Sweet it Maxwell, 1928. 178 pp. Covers the historical development of the ecclesiastical law of blasphemy in the English legal system. 901. Paterson, James. The Liberty of the Press, Speech, and Public Worship. London: Macmillan, 1880. 568 pp. Reprinted, London: Sweet & Maxwell, 1930.568 pp. One of the most comprehensive studies of Anglo-American legal principles ever made; particularly good as an expression of English legal concept of press freedom without specific statutory provision. Articles 902.

[Anon.] "Blasphemy." Law Journal, 69 (February 8, 1930), 94.

903. "Civil Liberties, Distribution of Leaflets and Handbills, Municipal Regulation, Public Order." Canadian Bar Review, 19 (January, 1941), 49-50. 904. "Civil Liberties in Great Britain and Canada during War." Harvard Law Review, 55 (April, 1942), 1006-1018. Compares censorship and internment policies in mother country and Dominion; Great Britain liberalized its policies after the first few months of the war, but Canada maintained strict enforcement. 905. "How the Emergency Powers Act Affects the Press." Newspaper World, 42 (August 26, 1939), 1. Analysis of the security law enacted on the eve of war.

PRESS F R E E D O M

141

906. "Incitement to Disaffection." Justice of the Peace, 98 (December 15, 1934), 814. 907.

"Indecent Literature." Law Times,

182 (November 7,

i93 6 )> 353-354908. "Journalist Not Guilty in Official Secrets Prosecution." Newspaper World, 40 (September 1 1 , 1937), 1. Case history of the prosecution of a reporter for publishing news of a robbery of mails. 909. "The Law of Sedition in India: a Study." Bombay Law Journal, 8 (June, July, 1930), 5-23, 82-84. The first article reviews the history of sedition law from the original Section 124A of the 1837 penal code and amendment of 1870; the second article compares Indian and South African law; the series of articles was apparently terminated thereafter. 910. "Legal Restrictions on the British Press." United States Law Review, 72 (October, 1938), 568-587. Adapted from Chs. 9 and 12 of the P.E.P. Report on the British Press, this note discusses the nature of press freedom and. censorship to end of eighteenth century, taxation, contempt, privilege, Official Secrets laws, and various phases of libel. Cf. 927. 911. "Post and Telegraph Censorship Order." Australian Law Journal, 17 (February 18, 1944), 318-319. 912. "Prosecutions for Indecent Publications." Justice of the Peace, 99 (May 1 1 , 1935), 303-304. 913.

"Seditious Libel." Irish Law Times, 28 (September 22,

1894)» 473-474Brief review of changing concept of sedition up to early nineteenth century. 914. "Seditious Libel." Justice of the Peace, 65 (May 18, 1901), 305-306. 915. "Subversive Activities in Wartime." Fortnightly Law Journal, 13 (December 1, 1943), 136-138. The Defense of Canada Regulations have on the whole been administered with a jealous regard for personal rights.

i42

INTERNATIONAL AND FOREIGN

916. Brewin, F. A. "Civil Liberties in Canada during Wartime." Bill of Rights Review, 1 (Winter, 1941), 112-127. A summary of constitutional controls over speech, press, assembly and property; though the powers given the government have been sweeping, public opinion has kept their administration moderate. 917. Chandhuri, J. "Law of Sedition in India." Juridical Review, 10 (October, 1898), 385-394. Discusses political background of nineteenth-century sedition laws; the article implies that a second part will appear subsequently but it never does. 918. D. "The Law Relating to Blasphemy." Law Journal, 64 (September 17, 1927), 182-183. Modern English law concerns utterances "calculated and intended to shock the feelings and outrage the belief of mankind." 919. Field, F. M. "War and Sedition." Canada Law Journal, 56 (April, 1920), 134-137. Analysis of some sedition cases in England and Canada during the first World War. 920. Ford, Douglas M. "The Growth of Freedom of the Press." English Historical Review, 4 (January, 1889), 1-12. 921. Ingle, Lome. "Control of the Press." Alberta Law Quarterly, 3 (April, 1939), 127-130. Evaluates a Canadian supreme court decision invalidating the Alberta "gag law" as giving new proportions to press freedom in Canadian law. 922. Kark, Leslie. "Complete Untruth—Only Defense to Official Secrets Act Charges." World's Press News, 18 (August 26, 1937), 10. 923. Laski, Harold J. "Civil Liberties in Great Britain in War-Time." Bill of Rights Review, 2 (Summer, 1942), 243-251. Illustrations of the manner in which traditional English freedoms have been respected even in the gravest period of the second World War. 924. Rice, S. P. "The Law of Sedition in India." Law Journal, 35 (September 8, 1900), 510-512.

ACCESS T O P U B L I C RECORDS

143

A discussion, from the British viewpoint, of serious internal conditions which justified a new sedition act in 1898. 925. Robson, Norman. "The Official Secrets Act and the British Press." Journalism Quarterly, 15 (September, 1938), 253-258. A British newspaperman illustrates instances in which the law tends to hinder the press in reporting public events. 926. Scott, F. R. "The Montreal Sedition Cases." Canadian Bar Review, 9 (December, 1931 ), 756-761. Discusses several trials, unreported elsewhere and all rather inconclusive, under the provincial sedition law. 927. Siebert, Fredrick S. "Contemporary Regulations of the British Press." Journalism Quarterly, 8 (June, 1931), 235-256. Résumé of current libel laws, advertising and postal regulations. 928. Swindler, William F. "Wartime News Controls in Canada." Public Opinion Quarterly, 6 (Fall, 1942), 444-449. A brief review of press and radio censorship, the pre-Pearl Harbor problem of uncontrolled United States newspapers crossing the border, the French-Canadian question, etc. 929. Trapnell, H. C. "The Indian Press Prosecutions." Law Quarterly Review, 14 (January, 1898), 72-91. Summary of nineteenth-century press laws, from the British viewpoint. Legislation is said to have aimed at promoting press freedom while at the same time curbing incitement to disaffection; the great variety of languages further complicated problem. 930. Whitworth, Frank. "Law as to Obscenity." Law Journal, 80 (December 14, 1935), 397-398. See also 26, 31, 33, 37, 44, 69. ACCESS

TO PUBLIC

RECORDS

Articles 931. [Anon.] "Clearing a District Court (Indictable Cases); Hearing in camera; and the Rights of Newspapers and Reporters in General." Irish Law Times, 72 (February 12, 1938), 51-54. The Irish law of 1851 provides for turning reporters out of court in all preliminary proceedings on indictable cases.

i44 INTERNATIONAL AND FOREIGN 932. "Juvenile Courts and the Press." Justice of the Peace, 102 (May 14, 1938), 309. Act of 1933 closes these courts to newspaper publicity. 933. "New Marriage Bill Will Increase Reporters' Work." World's Press News, 18 (July 29, 1937), 5. 934. "Newspapers: Judicial Proceedings." Fortnightly Journal, 5 (December 16, 1935), 150-151. Alberta legislation restricts reporting of notorious trials. 935. 219-220.

Lato

"Police, Press and Public." Solicitor, 5 (October, 1938),

936. "Power of Judge to Exclude from Reporters' Desk." Australian Law Journal, 5 (March 15, 1932), 360-361. Journalists' privileges may be revoked for improper conduct. 937. "Prejudicing the Jury: the Press and Preliminary Hearings." New Zealand Law Journal, 12 (August 18, 1936), 213-214. British Empire press law generally discourages or forbids the reporting of trials in early stages as jeopardizing justice. 938. "The Press and Judicial Proceedings.^' Fortnightly Law Journal, 9 (June 15, 1939), 25-26. Statutes of most Canadian provinces give wide latitude to newspapers in the matter of access to court records. 939. "Pre-Trial Newspaper Publicity." New Zealand Law Journal, 15 (March 7, August 1, 1939), 41-43, 183-184. An editorial urges that nothing be printed until the trial actually begins, as the best safeguard to an unprejudiced trial. The second article contains interesting comments on the subject by New Zealand attorneys. 940. "The Public, the Press, and the Magistrates." Justice of the Peace, 102 (September 3, 1938), 572-573. Reporters in the British Empire have a legal right of access to all court records normally open. 941. "Reporters' Access to Charge Sheets." Newspaper World, 40 (August 2i, 1937), 4. London judges allow reporters access to charge sheets for factual information such as name, age, occupation, and address.

ADVERTISING

145

942. "Rights of Press in Reporting Public Meetings." Newspaper World, 41 (July 16,1938), 1. The case history of a successful newspaper suit to secure the right to report matters of public interest. 943. "Status of Court Reporter." Newspaper tember 10, 1938), 4.

World, 41 (Sep-

944. "When Newspaper Court Reports Give Undisclosed Details." Newspaper World, 40 (June 19, 1937), 3. Under certain circumstances, a newspaper may be liable to prosecution. 945. G., F . T. "Police Courts and the Press." Solicitor, 5 (August, 1938), 174. 946. H., J. W. "The Press and Prejudiced Juries." Latv Journal, 81 (June 27, 1936), 453. English law has sought to curtail pre-trial news and excessive publicity on sensational cases. 947. K., L. "Solicitors and the Local Press." Solicitor, 5 (November, 1938), 244. 948. W., C. A. "Newspapers and Criminal Trials." Canadian Bar Journal, 17 (March, 1939), 191-195. Author urges restriction of publicity while trial is in progress. ADVERTISING Booths 949. Bishop, Frank Patrick. Advertising and the Law. London: E. Benn Ltd., 1928. 259 pp. Good general summary of cases and statutes of the 1920s. 950. Jones, T . Artemus. The Law Relating to Advertisements. London: Butterworth & Co., 1906. 193 pp. One of the earliest studies of the subject; covers outstanding British statutes of nineteenth century, with considerable reference to newspapers. 951. Ling-Mallison, E. The Law Relating to Advertising. London: Isaac Pitman & Sons, 1931. 236 pp.

146

INTERNATIONAL AND FOREIGN

Covers details of contracts, taxation, copy, and London County Council by-laws. Articles 952. [Anon.] "Local Authorities and Advertising." Justice of the Peace, 69 (November 18, 1905), 543-544. Review of English municipal laws governing the erection of billboards and other advertising in public places. 953. "Newspaper Advertisements." Justice of the Peace, 104 (February 17, 1940), 92. Laws requiring public notices in local newspapers are inadequate in that they usually fail to define a legal newspaper. 954. "Public Notices." Justice of the Peace, 64 (September 8, 1900), 562-564. Discussion of the legal content of notices, most of which are published by posting. 955. "Unsighdy Advertising." Law Journal, 68 (July 13, 1929), 21-22. Acts of 1907 and 1927 empower local authorities to control or prohibit outdoor advertising which offends esthetic sense. 956. Mosse, R. L. "Protection by Advertisement." Law Journal, 79 (March 16, 1945), 183-184. A technical discussion of legal procedure in preparing public notice advertisements. CONTEMPT Boo\s 957. Chand, Tek A., and H. L. Sarin. A Treatise on the Law of Contempt of Court. Lahore: The University Book Agency, 1938. 267 pp. Primarily a study of Indian statutes and cases on the subject. 958. Oswald, James Francis. Contempt of Court. Edited by George Stuart Robertson. 3d ed. London: Butterworth & Co., 1910. 295 pp. One of the best English studies, though now long out of date. Includes some historical background and forms for practice in contempt cases.

CONTEMPT

147

958a. [Same title]. Edited by A. C. Forster Boulton. 3d ed. London: Butterworth & Co., 1911. 327 pp. Canadian edition of 958. 958b. 214 pp.

[Same tide]. 1st ed. London: W. Clowes & Sons, 1892.

958c. 295 pp.

[Same title]. 2d ed. London: W. Clowes & Sons, 1895. Articles

959. [Anon.] "Comment pendente lite in a Consistory Court." Solicitor's Journal, 76 (February 27, 1932), 133-134. An ecclesiastical court may appeal to a secular court to punish as contemptuous any attempts to obstruct or influence a church court case. 960.

"Contempt." Law Times, 173 (February 6, 1932), 92.

961. "Contempt of Court." Australian Law Journal, 6 (June, 1932), 46-47. 962. "Contempt of Court." Law Times, 181 (May 14, 1936), 204-206. English courts incline to greater leniency with respect to publications criticizing the courts themselves. 963. "Contempt of Court by Newspapers." Irish Law Times, 24 (June 21, 28, July 5, 1890), 323-324, 337-338, 351-352. Review of nineteenth-century Irish law, based largely on English jurisprudence. Where a publisher proved ignorance of having commented upon a pending case, the courts usually acquitted. 964. "Contempt of Court in Canada." Canada Law Journal, 25 (June 17, 1889), 325-329. Canadian courts early laid down the rule that unless comments clearly tended to influence or obstruct justice in a pending case, they were not liable to contempt citation. 965. "Contempt of Court in Legal History." Law Times, 173 (April 16, 1932), 286-287. Extremely brief list of landmark cases.

148

INTERNATIONAL AND FOREIGN

966. "Contempt of Court in Publishing Pleadings." Law 101 (September 26, 1896), 483-484. Thumbnail historical sketch. 967.

Times,

"Contempt of Court: Newspaper Comment on Pending

Trials." New Zealand Law Journal, 18 (June 23, July 7, 1942), 1 2 1 I2 3> i33-»35Australian and New Zealand cases show confusion in the courts as to the boundaries of newspaper liability. 968. "Conviction on Criminal Charge—Comments in Newspaper before Appeal Heard." Law Times, 200 (November 17, 1945), 170-172. English courts still insist upon punishment for published comments on pending cases.

969. "Lord Shaw's Judgment in Dismissing Prosecution for Contempt of Court Arising out of the Publication of Proceedings." Canadian Law Times, 33 (June, 1913), 483-491. Verbatim report of a famous judgment insisting upon freedom to publish news of court proceedings except in certain cases restricted by public policy. 970. 318.

"Trial by Newspaper." Law Times, 1 1 3 (August 2, 1902),

971. Fox, Sir John Charles. "The King v. Almon." Law Quarterly Review, 24 (April, July, 1908), 184-193, 266-278. Historical analysis of the background and consequences of a famous contempt suit growing out of John Wilkes's trial. 972. "The Summary Process to Personal Contempt." Law Quarterly Review, 25 (July, October, 1909), 238-254, 354—371. Increasing agitation for freedom of expression in the eighteenth century brought a reaction on the part of the judiciary which considerably increased the use of contempt power. 973. "Criminal Contempt." Law Quarterly Review, 30 (January, 1914), 56-65. An analysis of the nature of criminal contempt as expressed in early twentieth-century cases.

CONTEMPT

149

974. "Eccentricities of the Law of Contempt of Court." Law Quarterly Review, 36 (October, 1920), 394-401. Because of the highly technical aspects of contempt power, discrepancies and strained constructions have frequently appeared. Fox traces contempt's historical evolution to illustrate what seems to be the most consistent rule. 975. "Nature of Contempt of Court." Law Quarterly Review, 37 (April, 1921), 191-202. Sketches historical concept of contempt from Anglo-Saxon times and illustrates the division of the law into contempt of the court itself and contempts in the form of disobedience to court orders. 976. "Practice in Contempt of Court Cases." Law Quarterly Review, 38 (April, 1922), 185-200. Contempt law since the twelfth century has been characterized by summary trial and sentence, without benefit of appeal and with indeterminate sentence. 977. Goodhart, Arthur L. "Newspapers and Contempt of Court in English Law." Harvard Law Review, 48 (April, 1935), 885-910. Newspaper contempt in England consists of acts prejudicing the jury, scandalizing the court or violating the secrecy of any proceedings. English law aims at restricting the reporting of sensational trials. 978. Hughes, Arthur E. "Contempt of Court and the Press." Law Quarterly Review, 16 (July, 1900), 292-300. Review of late nineteenth-century cases indicating a slowly liberalizing attitude of the English courts toward criticism. 979. Jordan, B. B. "Contempt of Court, Newspaper Comments." Canadian Bar Review, 14 (November, 1936), 771-775. The Canadian courts are inclined to judge each case on its own merits as a means of permitting the freest possible discussion compatible with fair trials. 980. Lahiri, Sarat Chandra. "The Law of Contempt in India." Madras Law Journal, 17 (October, 1907), 387-398. Describes jurisdiction of state courts in India and appeal procedure in contempt cases.

15o

INTERNATIONAL AND FOREIGN

981. Laski, Harold J. "Procedure for Constructive Contempt in England." Harvard Law Review, 41 (June, 1928), 1031-1041. The author criticizes the broad power of the Anglo-American courts to cite for contempt as a threat to freedom of speech. 982. MacLatchy, Edward S. "Contempt of Court by Newspapers in England and Canada." Canadian Law Review, 16 (April, 1938), 273285. The author concludes that while the letter of the law is substantially the same in both countries, tradition of greater freedom in the Dominion makes the Canadian courts less inclined to exercise power fully. 983. W., C. A. "Contempt of Court, Newspapers Publishing Photograph of Accused." Canadian Bar Review, 13 (September, 1935), 5 1 3 516. Canadian courts compared with English and New Zealand courts on this point are found to be more lenient. See also 450. CONFIDENCES Articles 984. [Anon.] " A Constitutional Shock. Disclose of Anonymous Authorship." South African Law Times, 2 (October, 1933), 204205. Editorial criticizes the court which punished a publisher who refused to divulge the source of his information as violating recognized principles of confidence in South African law. 985. "Journalist Who Refused Informant's Name." Newspaper World, 40 (August 28, 1937), 4. 986. "Journalist Who Would Not Tell." Journalist, 20 (September, 1937), 150. English courts are less ready to recognize principle of reporter confidence than are certain Dominion courts.

LIBEL

LIBEL Booty 987. Algie, R. M. Journalists and the L a w Relating to Defamation (University of N e w Zealand, Journalism Bulletin No. 2). Auckland, N . Z . : University of N e w Zealand, Auckland University College, School of Journalism, 1935. 24 pp. T h e dean of the N e w Zealand law school reviews the principles of English libel law as they relate to N e w Zealand. 988. Ball, W . Valentine, and Patrick Browne. T h e L a w of Libel and Slander. 2d ed. London: Stevens & Sons, Ltd., 1936. 229 pp. Well-documentcd summary of modern English libel law with reference to newspapers. 988a. L a w of Libel as Affecting Newspapers and Journalists. London: Stevens & Sons, Ltd., 1912. 165 pp. First edition of 988. 989. Blackburn, Albert Raymond, and Edward F . George. Elements of the L a w of Torts. London: Sweet & Maxwell, 1944. 271 pp. 990. Borthwick, John. Modes of Prosecuting for Libel According to the L a w s of England. London: n.p., 1830. 991. Treatise on the L a w of Libel and Slander as Applied in Scotland. Edinburgh: n.p., 1826. 441 pp. Particularly interesting as one of the first regional studies of journalistic law in the British Empire. 992. Bower, George Spencer. A Code of the L a w of Actionable Defamation. 2d ed. London: Butterworth 8c Co., 1923. 469 pp. 992a. 608 pp.

[Same title], ist ed. London: Sweet & Maxwell, 1908.

993. Bridgeman, George F. L . T h e Pressman and the L a w . London, Toronto: Isaac Pitman & Sons, 1928. 105 pp. Excellent handbook for working journalists, covering libel, contempt, various restrictions on publications, admittance to public meetings, copyright, Official Secrets laws, and employment contracts.

152

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FOREIGN

994. Button, Wilfred Alan. Principles of the L a w of Libel and Slander. London: Sweet Sc Maxwell, 1935. 200 pp. Concise treatise on modern English law of defamation, particularly good for illustrations of degrees of damages for various types of libel, etc. 995. Clerk, John Frederick, and W . H . B. LindselL L a w of Torts. London: Sweet & Maxwell, 1889. 675 pp. One of the earliest English textbooks, now badly out of date. 996. Cloutman, Brett Mackay, and Francis William Luck. L a w for Printers and Publishers. London: J. Bale, Sons, & Danielsson, 1929. 4 1 2 pp. Another handbook for newspaper workers. C f . 993, 1008, i o n . 997. Cooke, George Wingrove. Treatise on the L a w of Defamation. London: O. Richards, 1844. 5 1 2 pp. One of the first studies of English defamation following the passage of Lord Campbell's Act of 1843. 998. Cooper, Frank T . L a w of Defamation and Verbal Injury. Edited by D. Oswald Dykes. 2d ed. Edinburgh: W . Green & Sons, 1906. 363 PPShort treatise on nineteenth-century Scotch law. 998a. Handbook of Defamation and Verbal Injury, ist ed. Edinburgh: W . Green & Sons, 1894. 3 1 9 pp. 999. Dawson, Thomas. T h e L a w of the Press. London: P. S. K i n g & Sons, 1927. 240 pp. Good summary of all fields of English journalistic law, with some reference to American law on defamation. Covers defamation, public meetings, contempts, domestic and international copyright, publishing and printing contracts, coupon offers in newspapers, postal regulations, advertisements, etc. 1000. Fisher, Joseph Robert, and James Andrew Strahan. T h e L a w of the Press. 2d ed. London: W . Clowes Si Sons, 1898. 297 pp. A n interesting feature is a chapter on foreign press codes of the late nineteenth century. Appendix contains the text of leading statutes of the day affecting newspapers.

LIBEL 1000a. 297 pp.

153

[Same title], ist ed. London: W . Clowes & Sons, 1891.

1 0 0 1 . Flood, John C. H . A Treatise on the L a w Concerning Libel and Slander. London: W. Maxwell & Son, 1880. 471 pp. 1002. Folkard, Henry Coleman. T h e L a w of Slander and Libel. 4th ed. London: Butterworth's, 1876. 904 pp. Based largely on Starkie's earlier treatise ( 1 0 1 7 - 1 0 ^ ) , of which Folkard was the last editor, the later editions of this work assumed an authority of their own. Current English statutes affecting newspapers are printed on pp. 777-792. 1002a. pp.

[Same title], 5th ed. London: Butterworth's, 1891. 1128

1002b. [Same title], 6th ed. London: W . Clowes & Sons, 1897. 1 1 2 8 pp. T h e current English statutes affecting newspapers are printed on pp. 952-962. 1003. Fraser, H u g h . Principles and Practices of the L a w of Libel and Slander. Edited by Gerald Osborne Slade and Neville Faulks. 7th ed. London, Toronto: Butterworth Sc Co., 1937. 371 pp. Concise treatise on both civil and criminal libel; the standard reference on subject for half a century. 1003a. T h e L a w of Libel in Its Relation to the Press. London: Reeves and Turner, 1889. 135 pp. First edition of 1003. Extremely brief exposition of journalistic aspects of libel as affected by L a w of Libel Amendment Act, 1888; first book to give special attention to journalistic law. 1003b. Principles and Practices of the L a w of Libel and Slander. London: W. Clowes & Sons, 1897. 3 1 2 pp. Second edition of 1003. 1003c. [Same title], London: Butterworth's, 1908. 353 pp. Fourth edition of 1003. 1003d. [Same title]. Edited by Alexander P. Fisher. London: Butterworth's, 1925. 540 pp. Sixth edition of 1003.

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FOREIGN

1004. Gatley, J. Clement C. Libel and Slander in a Civil Action. Edited by Richard O'Sullivan. 3d ed. London: Sweet 8c Maxwell, 1938. 962 pp. One of the standard English treatises, but criticized as inadequate in covering such modern developments as radio defamation. 1004a. L a w and Practice of Libel and Slander in a Civil Action. ist ed. London: Sweet 8c Maxwell, 1924. 932 pp. Extremely well annotated with cases from all parts of the British Empire and the United States. 1004b. [Same title]. London: Sweet 8c Maxwell, 1929. 1039 pp. Second edition of 1004. 1005. Kelly, Richard J. L a w of Newspaper Libel. London: W . Clowes 8c Sons, 1889. 258 pp. Its chief value is the author's collection of the texts of statutes on newspaper libel through the L a w of Libel Amendment Act, 1888. 1006. King, John. T h e L a w of Criminal Libel. Toronto: T h e Carswell Co., 1912. 400 pp. A study of Canadian law on the subject. 1007. T h e L a w of Defamation in Canada. Toronto: T h e Carswell Co., 1907. 896 pp. Though badly out of date, this is still the most detailed study of Canadian law on the subject. Chs. 16 and 18 cover newspaper libel. 1008. Lansdale-Ruthven, Hugh Peter. T h e L a w of Libel for Journalists. London: Blandford Press, 1934. 208 pp. A brief handbook. 1009. MacKinnon, Mervyn Alexander, and Alan Bell. Libel for Laymen. London: Hurst & Blackett, 1933. 158 pp. Useful only as a general exposition. 1010. Odgers, W . Blake. Digest of the L a w of Libel and Slander and of Actions on the Case for Words Causing Damage. Edited by Robert Ritson. 6th ed. London: Stevens 8c Sons, 1929. 824 pp. Part I, on the nature of libel and slander, defenses and damages, etc., is particularly useful. Appendix B digests statutes relating to newspaper libel.

LIBEL ioioa. pp.

155

[Same title], ist ed. London: Stevens 8c Sons, 1881. 748

1010b. [Same tide]. Edited by Melville M. Bigelow. Boston: Little, Brown 8c Co., 1881. First American edition. ioioc.

[Same title], 2d ed. London: Stevens & Sons, 1888.

ioiod. [Same title], Philadelphia: Blackstone Pub. Co., 1887— 1888. "From 2d Eng. ed." ioioe. pp.

[Same title], 3d ed. London: Stevens 8c Sons, 1896. 841

ioiof. [Same title], Coedited by J. Bromley Eames. 4th ed. London: Stevens & Sons, 1905. 884 pp. ioiog. [Same title], Coedited by J. Bromley Eames and Walter Blake Odgers. 5th ed. London: Stevens & Sons, 1 9 1 1 . 942 pp. i o n . Pilley, Charles. Law for Journalists. 2d ed. London: Isaac Pitman & Son, 1932. 174 pp. Another manual for working newspapermen; covers libel and other injurious publications, copyright, special reporting problems, newspaper advertising, insurance offers, and general legal rights of employes. 1011a.

[Same title], ist ed. London: Isaac Pitman 8c Sons, 1924.

1012. Pollock, Sir Frederick. L a w of Torts. Edited by Philip A. Landon. 14th ed. London: Stevens 8c Sons, 1939. 504 pp. One of the most widely used treatises on the subject, although it is lacking in material on privacy and radio defamation. Ch. 7 deals with defamation and "exceptions" to it. 1013. Powell, Arthur Charles Joseph. Law Specially Affecting Printers, Publishers and Newspaper Proprietors. London: Stevens & Sons, 1887. 261 pp. Chiefly a collection of articles appearing in English newspaper trade journal, Printers' Register, for several previous years. 1013a. [Same title], "Second issue." London: Stevens 8c Sons. 1889. 261 pp.

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INTERNATIONAL AND

FOREIGN

A reprint, with some reference to L a w of Libel Amendment Act, 1888. 1014. Ramaswamy Iyer, S. L a w of Torts. London: Butterworth & Co., 1932. 579 pp. Expression of English law as applied with modifications in India. 1015. Ringwood, R. Outlines of the L a w of Torts. Edited by C . H . Ziegler. 5th ed., London: Sweet it Maxwell, 1924. 365 pp. By "outlines" is meant a ready-reference presentation of only the highlights of the subject. 1016. Salmond, Sir John W . L a w of Torts. Edited by W . T . S. Stallybrass. 7th ed. London: Sweet & Maxwell, 1928. 688 pp. Widely popular treatise by former judge of N e w Zealand supreme court. Ch. 14 covers defamation, Ch. 15 injurious falsehood. 1017. Starkie, Thomas. Practical Treatise on the L a w of Libel, and Incidentally of Malicious Prosecutions. London: T . Clarke, 1 8 1 2 . Earliest authoritative treatise on defamation, summarizing statutes and cases from earliest records to early nineteenth Also touches upon contempt law as related to libel.

Slander, J. & W . English century.

1017a. A Treatise on the L a w of Slander, Libel, Scandalum Magnatum, and False Rumours. Edited by Edward Duncan Ingraham. N e w Y o r k : G . Lamson, 1826. 616 pp. First American edition of 1 0 1 7 . American and later British cases added to 1 8 1 2 edition, but this was never used as extensively as Wendell's edition ( 1 0 1 7 c ) . 1017b. A Treatise on the L a w of Slander and Libel, and Incidentally of Malicious Prosecutions. 2 vols. London: C . 6c W . T . Clarke, 1830. Second English edition of 1 0 1 7 . 1017c. [Same title]. Edited by John Lansing Wendell. 2 vols. Albany, N . Y . : C . Van Benthuysen & Co., 1843. From the second English edition. Well documented with American cases and British cases from 1830. ioi7d. [Same title]. Edited by John Lansing Wendell. 2 vols. Hartford, Conn.: J. L . Wendell, 1858.

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Subsequent American and British cases, and Lord Campbell's Act of 1843. 1017c. [Same title]. Edited by Henry Coleman Folkard. London: Butterworth's, 1869. 876 pp. Third English edition. Last edition of Starkie's treatise in its original form; see Folkard (1002) and ioi7f. 1017t. Law of Slander and Libel, Including Malicious Publication; Contempt of Court, etc. Edited by Henry Coleman Folkard. London: Sweet St Maxwell, 1908. Seventh English edition. Virtually a reprint of 1017c and 1002b; the persistence of this treatise into the twentieth century is a tribute to its fundamental trustworthiness. 1018. Tebbutt, E. H. Defamation and Newspaper Law in New South Wales. London: Sweet & Maxwell, 1909. 1019. Voet, Joannes. The Roman and Roman-Dutch Law of Injuries. Tr. by Melius de Villiers. Capetown: J. C. Juta & Co., 1899. 3 2 7 PP1019a. [Same title], Capetown: J. C. Juta 5t Co., 1915. 34 pp. Supplement to 1019. The two together serve as valuable references on law of defamation in South Africa. 1020. Winfield, Percy Henry. Text-Book of the Law of Tort. 2d ed. London: Sweet & Maxwell, 1943. 744 pp.; Toronto: The Carswell Co., 1943. 744 pp. Ch. 11 is an excellent succinct discussion of English libel law. Privacy is discussed under the heading of "doubtful wrongs." Articles 1021. [Anon.] "Accidental Libel." Law Journal, 89 (April 20, 1940), 194-195. The press is continually embarrassed in "honest mistake" cases by Parliament's failure to amend the libel law as to damages. 1022. "Agency Held Liable for Wrong Photo." Editor & Publisher, 70 (November 20, 1937), 27. 1023. 45-46.

"Assisting to Publish." Law Journal, 84 (July 17, 1937),

158

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1024. "Bad Reputation in Actions for Libel." Law Journal, 74 (October 15, 1932), 226-227. 1025. "Blasphemous Libel." Canadian Bar Review, 5 (May, 1927), 362-365. Reprint of the charge to the jury in one of the few modern cases on the subject. 1026. "Caricature and the Law of Libel." Law Times, 162 (July 31, 1926), 89-90. In the case of caricatures upon public men, there is little liability in English law. 1027. "Class Libels." Law Journal, 82 (October 10, 1936), 242. Group defamation is not recognized in English law. 1028. "Damages in Libel Actions." Law Times, 180 (August 3» 1935)» 82-83. 1029. "Defamation and the Right-Thinking Man." Law Times, 184 (July 3, 1937), 7-9. Test of defamatory utterances is what the average person considers to be damaging. 1030. "Defamation, Conviction of Crime, Conviction Quashed, Justification." Australian Law Journal, 11, 12 (June, 1937, June, 1938), 60-61, 64-65. The law is vague as to liability for statements which are innocent when made, then rendered damaging by later developments. 1031. "Defamation Defined." Law Journal, 82 (August 15, 6 !93 )» i i 3 - " 4 1032. "Defamation—Fair Comment." Australian Law Journal, 17 (February 18, 1944), 330-331. 1033. "Defamation, Imputation That Politician Has Criticized Own Party and Has Made Unauthorized Statements as to Policy." Australian Law Journal, 11 (July 16, 1937), 97-99. 1034. "Defamation in Legal History." Law Times, 175 (January 14, 1933), 30-32. Brief review of landmark cases.

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1035. "Defamation—Libellous Statement True of Another Person." Canadian Bar Review, 18 (February, 1940), 132-136. Where a statement true of one person is applied equally to another of whom it is not true, the publisher is liable to the second person. 1036. " 'Defamatory': an Extended Definition." New Zealand Law Journal, 12 (September 22, 1936), 245-246. 1037. "Defamatory Libel, Trivial Libel Unlikely to Disturb Peace, or Seriously to Reflect on Character, Ought Not to Be Prosecuted, Prosecution Need Not Prove Prosecutor Unusually Likely to Be Provoked." Cambridge Law Journal, 6 (1937), 245-246. Brief reference to the English law on trivial libel, which is more likely to be dismissed in English than in American courts. 1038. "Defamatory Statement in Newspaper. Qualified Privilege." Law Times, 177 (May 5,1934), 306-7307. 1039. "Disparagement of Goods." Law Journal, 74 (October 22, I932)» 246-247. 1040. "Fair Comment." Fortnightly Law Journal, 9 (April 1, 1940), 263-264. To set up complete defense, the publisher must prove ( 1 ) that the facts upon which comment is based are true, (2) that the comment is not itself a statement of fact, (3) that the subject is one of public importance, and (4) that the comment is fair. 1041. "Headlines and Libel." Law Times, 178 (October 13, I 934). 249English courts in general hold that the headline and the story must be considered together in construing libel. 1042. "Ignorance of Contents of Libellous Matter as a Defense." New Zealand Law Journal, 11 (July 2, 1935), 165-167. News vendors are generally not liable if ( 1 ) they know nothing of the libel in the publication and (2) were not negligent in not knowing. 1043. "The Imperial Press Conference and the Law of Libel." South African Law Times, 4 (February, 1935), 27-28. Comment on proposals made by a newspaper conference that damages be mitigated in cases of newspaper libel.

160 1044.

I N T E R N A T I O N A L A N D FOREIGN "Injurious Falsehood." Irish Law Times, 73 (December

'939). 34 I - 34 2 Discussion of tortious utterances which are not defamatory. 1045. "Innocent Circulation of Libels." Law Journal, 74 (July 2, 1932), 5-6. English law is confused on the subject; the author suggests that the news vendor protect himself by a guarantee of indemnity from the publisher. 1046. "Intention in Libel." Law Quarterly Review, 51 (October, 1935)» 572-573English law does not generally recognize "honest mistake." 1047. "Journalists and Law of Libel Problems." Journal of the British Institute of Journalists, 23 (December, 1935), 169. Report of a lecture on libel by a British authority, Dr. H. C. Marks. 1048. "The Jury as Judge in Libel Actions." Law Times, 182 (September 5, 1936), 175-176. 1049. "The Law of Libel." Law Times, 187 (February 18, II -II < 1939). 3 5 Review of proposed legislation to relieve newspapers in "honest mistake" libel cases and otherwise to modernize the libel statute last amended in 1888. 1050. "Law of Libel and the Press." Law Times, 81 (August 28, 1886), 308. Review of experience with the libel law of 1881. 1051. "Law of Libel—the Sentence of The Times." Law Times, 24 (February 10, 1855), 202. The heavy fine assessed against the leading London newspaper for editorial criticism of railway mismanagement is here called a threat to freedom. 1052. 144-145.

"Libel as a Crime." Law Journal, 81 (February 29, 1936),

1053. "Libel by Newspaper." Justice of the Peace, 45 (November 12, 1881), 745-747; 47 (May 26, 1883), 323-325; 48 (February 23, 1884), 1 1 3 - 1 1 5 .

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The first article discusses approvingly the Libel Act of 1881; later articles discuss flaws which experience with the act has revealed. 1054. "Libel Damages Recovered from Agency That Supplied Wrong Picture." Newspaper World, 40 (November 6, 1937), 4. A London court rules that a newspaper may recover damages from the firm which supplied libelous copy. Cf. 1022. 1055. "Libel in Newspapers." Justice of the Peace, 39 (April 3, 1875), 210—211. One of a series of discussions of problems in the English law of libel with reference to newspapers which led to the revision of the law in 1881. 1056. "Libel of a Class." Law Quarterly Review, 1944), 209-210. 1057.

60 (July,

[Libel of Groups]. Law Quarterly Review, 59 (January,

I

943)> 10-11. There is little liability unless groups may be identified as to individual members. 1058. "Libels by Newspaper Interviewers." Justice of the Peace, 50 (November 6, 1886), 705-707. Defamatory statements in interviews do not relieve the newspaper of responsibility, since they arc not privileged. 1059. "Libel Suits against Newspapers." Fortnightly Law Journal, 13 (January 15, 1944), 185-186. 1060. "The Limits of Literary Criticism." Irish Law Times, 75 (February 22, 1941), 47-48. ( 1 ) Complainant must always show how criticism of him or his work exceeds reasonable bounds; (2) "fair" imposes no restraint upon the nature of the criticism other than to insist that it be honest. 1061. "Members of Parliament and Privileged Publication." Law Journal, 83 (May 15, 1937), 340-341. 1062. [Newspaper Headlines]. Law Quarterly Review, 56 (July, 1940), 293. One English case holds that libelous headlines may make an innocent story damaging.

162

I N T E R N A T I O N A L A N D FOREIGN

1063. "Newspaper Libel." Irish Law Times, 73 (March 4,1939), 67-69Note considers questions involved in legislation to mitigate damages against newspapers in libel action. 1064. "Newspaper Report of Speech at Public Meeting, Truth and Public Benefit." Australian Law Journal, 8 (May, 1934), 20-21. 1065. "Publication of Libel by Dissemination of Defamatory Newspaper." Irish Law Times, 20 (January 9, 1886), 13-14. 1066. "Rights of a Time-Expired Convict, Innocent Publication." Law Times, 173 (March 12, 1932), 196-197. News vendors are generally not liable for defamatory matter in the publications they sell. 1067. "Scottish Practice as to Tenders in Libel Actions." Solicitors' Journal, 77 (January 21, 1933), 40-41. 1068. "When Read Together." Juridical Review, 21 (October, 1909), 263-265. Editorial criticizes English law rule that headlines and news stories must be read together in construing libel. 1069. Braybrooke, E. K. "Distinction between Libel and Slander." New Zealand Law Journal, 15 (August 22, 1939), 207-208. Modern communications, particularly radio and wireless, make such a distinction artificial. 1070. C., T. J. D. "Defaming the Dead—and Vice Versa." Scottish Law Review, 53 (May, 1937), 145-148. Considers law at fault in denying survival of actions upon death of plaintiff, and for permitting defamatory statements in wills and other posthumous publications. 1071. Carr, Frank. "The English Law of Defamation: with Especial Reference to the Distinction between Libel and Slander." Law Quarterly Review, 18 (July, October, 1902), 255-273, 388-399. The first article summarizes English cases, chiefly in the thirteenth century; the second sketches the development of the law up to Fox's Libel Act of 1792. 1072. Chisholm, J. A. "The King v. Joseph Howe; Prosecution for Libel." Canadian Bar Review, 13 (October, 1935), 584-592.

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Case report on a famous Canadian free press trial, unreported elsewhere. 1073. Christie, J. Roberton. "Liability of Publisher of Newspaper for Advertisement Containing False Statement Not ex facie Libelous, but Conveying an Imputation on Character When Read by Person Acquainted with Circumstances Unknown to Publishers." Juridical Review, 22 (October, 1910), 254-260. Author argues that reasonable care should relieve the newspaper of responsibility. 1074. Cowan, C. G. Armstrong. "Injunction in Libel." Law Journal, 80 (September 7, 1935), 146-147. Injunctions only rarely granted, when ( 1 ) libelous publication is likely to be repeated, (2) question of libel is not doubted, and (3) no defense is apparent. 1075. Cowen, Z. "An Artist in the Courts of Law." Australian Law Journal, 19 (August, 1945), 1 1 2 - 1 1 3 . Suits involving artistic disputes must avoid intangibles of artistic values and seek only the strict legal question at issue. 1076. D., P. H. "Caricature Used as an Advertisement for Goods— Whether Reasonably Capable of Bearing Defamatory Meaning." Cambridge Law Journal, 4 (1932), 386-387. Discussion of 1930-1931 case involving the question of privacy with respect to likenesses in advertisements. 1077. de Villiers, Melius. "Malice in the English and Roman Law of Defamation." Law Quarterly Review, 17 (October, 1901), 388-391. Comparison of ancient Roman law of "bad faith" with the modern English concept of malice. 1078. "Roman Law of Defamation." Law Quarterly Review, 34 (October, 1918), 412-419. A South African jurist sketches the basic principles for protecting reputation in the ancient Roman law. 1079. "Some Points of Difference between the English and the Roman Law Relating to Defamation." South African Law Journal, 18 (1901), 45-49. Continental law stresses intent to libel more than English law does.

IÓ4 I N T E R N A T I O N A L A N D FOREIGN 1080. Fisher, Joseph R. " A Chapter in the History of the Law of Libel." Law Quarterly Review, 10 (April, 1894), 158-163. Discussion of the origin of the distinction between libel and slander, with evidence that the distinction has been exaggerated. 1081. Fleming, Donald M. "Defamation, 'Passive Publication,' Privilege, Joinder of Actions." Canadian Bar Review, 15 (May, 1937), 376381. Brief review of cases of the liability of one who makes no attempt to prevent publication when it is within his power to do so. 1082. "Defamation, Privilege." Canadian Bar Review, 16 (January, 1938), 63-66. Canadian courts are seen tending to extend the defense of privilege under certain conditions. 1083. Ford, Charles. "Law of Libel as Applied to Newspapers." Law Times, 68 (November 8, 15, 1879), 28, 48-49. A good résumé of the early nineteenth-century cases which led to Lord Campbell's Act of 1843. 1084. Fraser, Hugh. "Privileges of the Press in Relation to Law of Libel." Law Quarterly Review, 7 (April, 1891), 158-173. Review of the changes in the libel statutes of 1881 and 1888. 1085. G., A. L. "Defamatory Statements and Privileged Occasions." Law Quarterly Review, 56 (April, 1940), 262-266. The necessity of making the statement is a factor in determining when an occasion is privileged. 1086. Gregory, Charles Noble. "Some Aspects of the Law of Libel, Applicable to News Dealers." Law Times, 103 (August 7, 1897), 345— 34 6 -

Analysis of cases from several fields of law indicating the ambiguous status of news dealers. 1087. Harris, George. "Libel Cases under Lord Campbell's Act." Law Times, 16 (March 8, 22, 1851), 518-519, 561-562; 17 (April 5, August 16, 1851), 17-18, 192-193. A résumé of cases under Lord Campbell's Act of 1843 designed to promote press freedom, and a summary of problems not met by the

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act. Excellent analysis of English libel law of the mid-nineteenth century. 1088. Hogg, James Edward. "Privilege in Defamation Actions in Australia." journal of Comparative Legislation, n.s., 1 2 ( 1 9 1 2 ) , 299301. Confidential communications involving another's financial reputation are not always protected. 1089. Holdsworth, W . S. " A Chapter of Accidents in the Law of Libel." Law Quarterly Review, 57 (January, 1941), 74-84. A student of legal history points out the danger in recent court cases in England which have disregarded the question of the defendant's intent to libel. 1090. K., G. W. "Literary Libel." Law Journal, 72 (November 21, 1931), 322. 1091. King, John. "The Intent in Libel." Canada Law Journal, 42 (April i, 1906), 209-221. This elaborate study of a minute but important phase of libel law includes techniques of protecting newspapers against presumption of malice. 1092. M., C. E. " A n Anomaly of the Law of Libel." South African Law Journal, 62 (November, 1945), 424-426. "Damages for libel have nothing to do with damage" when technicalities in the law render a publisher liable even though no injury has been done. 1093. McKerron, R . G. "Liability for Non-Defamatory Statements." South African Law Journal, 47 (1930), 359-373. Negligence may make the publisher liable for erroneous statements which are injurious but not defamatory. 1094. Martin, Roger N . "Defamation—the Relation of Negligence to Liability." Australian Law Journal, 13 (September 15, 1939), 2 1 7 221. Where publication is not libelous per se, the author contends that the publisher should not be held liable unless he is proved negligent.

166

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1095. Mulvany, J. F. "The Plea of Fair Comment." Australian Law Journal, 4 (December 15, 1930), 253-256. A technical discussion of forms in which to make the plea. 1096. N., A. H. "Defamation, Publication." Cambridge Law Jour• nd, 6 ( 1 9 3 8 ) , 439-440. 1097. Normand, Lord. "The Law of Defamation in Scotland." Cambridge Law Journal, 6 (1938), 327-338. The features that distinguish Scotch law from English law are: ( 1 ) absence of criminal proceedings in libel except for offenses against public officials; (2) absence of distinction between oral and written defamation; (3) absence of absolute privilege for statements made in court. 1098. O'Sullivan, Richard. "The Bill to Amend the Law of Libel." Law Journal, 85 (June 25, 1938), 440-441. Editorial discussion of "honest mistake" libel law proposed by the Empire Press Union. 1099. Paton, G. W. "Fair Comment." Australian Law Journal, 18 (October 13, 1944), 158-163. In distinctions between fact and comment, the burden of proof is upon the defendant. 1100. "Reform and the English Law of Defamation." Illinois Law Review, 33 (February, 1939), 669-684. A Melbourne law professor compares the basic principles of libel and slander, approving strictness of the former but urging moderation of the latter. 1101. Redmond, J. A. "Reading from Script into Broadcasting Apparatus—Libel or Slander." Australian Law Journal, 7 (November 15, 1933). 2 57- 2 6 2The author suggests that any matter other than extemporaneous speech be considered libel if it is defamatory, whether spoken or written. 1102. Riddell, William R. "Scandalum Magnatum in Upper Canada." Journal of Criminal Law and Criminology, 4 (May, 1913), 12-19. Anecdotes of a famed political contempt case of 1807. 1103.

Robinson, L. F. S. "Exemplary Damages for Defamation." Aus-

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167

tralian Law Journal, 3 (December 15, 1929; January 15, 1930), 250252, 292-294. The first article traces evolution of punitive damages from mediaeval law; the second covers the development of modern law from the sixteenth and seventeenth centuries. 1104. Rothenberg, Ignace. "Damages for Libel in the United States and on the European Continent." Journal of Comparative Legislation, n.s., 24 (February, 1942), 6-14. Analysis of British law on basis of comparison with the American and Continental systems. American libel law aims at discouraging "speculative damages" and at recognizing the "special difficulties of editorial work" while the European attitude has followed the tradition of settling disputes by chivalrous action. 1105. "Damages for Newspaper Libels in Great Britain." Journalism Quarterly, 20 (June, 1943), 144-151. British juries tend to award higher damages for libel than do the juries and courts of other countries. 1106. "The Right of Reply to Libels in the Press." Journal of Comparative Legislation, 3d ser., 23 (February, 1941), 38-59. Right of reply may be the only effective means of redressing damages, but it is a remedy typical of Continental countries rather than of AngloAmerican law generally. 1107. Rowland, Norman deH. "Fair Comment and Qualified Privilege." Commonwealth Law Journal, 4 (May-June, 1907), 202-206. 1108. Sholl, R. R. "The Use of Police-Station Charge-Sheets by Newspapers." Australian Law Journal, 2 (April 13, 1929), 376-378. Although privilege is not definitely accorded such documents, the publisher incurs little liability unless report is grossly inaccurate. 1109. Smith, J. DilL "Libels Abroad." Law Journal, 85 (February 12, 1938), 123. Very sketchy discussion of conflicts of the law in respect to libels on individuals in other countries. 1 1 1 0 . Strahan, J. Andrew. "Is the Press Free?" Law Magazine & Review, 4th ser., 23 (February, 1898), 83-92. While English law allows wide latitude in discussing public affairs, discussion by newspaper of private affairs is considerably restricted.

168

INTERNATIONAL AND FOREIGN

m i . Swindler, William F. "Newspaper Libel in Canada—a Note in Comparative Press Law." Journalism Quarterly, 21 (March, 1944), 2 5"3 6 Oudines parallels and contrasts in American and English law as compared with Canadian. Canada's libel law comes from nineteenthcentury enactments of the mother country with certain modifications in domestic provincial statutes. 1 1 1 2 . W., P. H . [Defamation of the Wrong Man], Law Quarterly Review, 56 (January, 1940), 4-5. 1 1 1 3 . Williams, Glanville L. "Dominion Legislation Relating to Libel and Slander." Journal of Comparative Legislation, 3d ser., 21 (November, 1939), 161-178. Lists principal acts on the subject in Canada, Newfoundland, Australia, and New Zealand, then compares Dominion with English jurisprudence as to ( 1 ) changes in substantive law and (2) matter affecting proof, procedure, damages, etc. 1114. Wilton, G. W. "Defamation: Incidence of Malice and Insanity in English and Scottish Law." Juridical Review, 57 (December, 1945), 152-161. 1 1 1 5 . Winfield, Percy H . "Privacy." Law Quarterly Review, 47 (January, 1931), 23-42. The concept in English as well as American law, from the later nineteenth century on, was one of privacy as a new tort distinct from libel. 1116. Wood, W. B. "Disparagement of Title and Quality." Canadian Bar Review, 20 (April, May, 1942), 296-323, 430-447. The first article sketches historical evolution from the sixteenth century of libels upon property and enumerates principles of modern law; second article covers more recent Canadian cases and defenses. COPYRIGHT Boo/^s 1 1 1 7 . Copinger, Walter Arthur. Treatise on the Law of Copyright. Edited by F. A. Skone-James. 7th ed. London: Sweet & Maxwell, 1936. 617 pp. Supreme English authority on the subject. Excellent discussion of the

COPYRIGHT

169

nature of copyright, applicability of copyright to newspapers and other special publications, and a comparative analysis of copyright laws of members and nonmembers of the International Copyright Union. 1117a. pp.

[Same tide], ist ed. London: Stevens & Haynes, 1870.

1117b. 918 pp.

[Same title]. 2d ed. London: Stevens & Haynes, 1881.

1117c.

[Same title]. 3d ed. London: Stevens & Haynes, 1893.

266

974 PPni7d. [Same tide]. Edited by J. M. Easton. 4th ed. London: Stevens & Haynes, 1904. 816 pp. 1117c. [Same title]. Edited by Easton. 5th ed. London: Stevens & Haynes, 1915. 795 pp. 1 1 1 8 . Fox, Harold George. The Canadian Law of Copyright. Toronto: University of Toronto Press, 1944. 77° PPExhaustive study of subject includes libel and slander in respect to copyright, international copyright law, newspaper literary property, etc. 1 1 1 9 . MacGillivray, Evan J. A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America. London: }. Murray, 1902. 403 pp. 1120. Oldfield, Laurel C. F . The Law of Copyright. London: Butter worth & Co., 1912. 269 pp. Chiefly emphasizes musical copyright. 1 1 2 1 . Scrutton, Thomas Edward. The Law of Copyright, ist ed. London: John Murray, 1883. 335 pp. "An evaluation of the principles which should regulate literary and artistic property in England and other countries." 1121a. 284 pp.

[Same title]. 2d ed. London: W. Clowes & Sons, 1890.

1121b.

[Same title]. 3d ed. London: W. Clowes & Sons, 1896.

3*3 PP1121C.

3 3 1 PP-

[Same title]. 4th ed. London: W. Clowes & Sons,

1903.

i7o

INTERNATIONAL AND FOREIGN

1122. Shortt, John. The Law Relating to Works of Literature and Art. London: H. Cox, 1871. 780 pp. "Embracing law of copyright, law relating to newspapers, author contracts and law of libel." 1122a. 840 pp.

[Same title]. 2d ed. London: Reeves and Turner, 1884.

Articles 1123. [Anon.] "Broadcasting and Copyright." Irish Law Times, 68 (February 10, 17, 1934), 35-36, 41-42. 1124. "Canadian Copyright in Unpublished Manuscripts." Fortnightly Law Journal, 8 (October 1, 1938), 72-73. 1125. "Copyright: Author v. Reporter v. Publisher." Law Times, 108 (November 18, 1899, August 25, 1900), 51-52, 378-379. Note points out the jeopardy of reporters making stories of public speeches which may be subject to copyright and applauds proposed copyright law relieving reporters of liability for infringement. 1126. "Copyright in Canada in Older Pictures." Fortnightly Law journal, 7 (December 1, 1937), 134-136. Court rules that all pictures produced earlier than 1924 and not registered under the act of 1906 are now public property. 1127. I

"Copyright in the Empire." Law Journal, 75 (January 21,

933)> 4I-42-

1128. "Copyright in Newspaper Articles." Law Journal, 24 (April 27, 1889), 249-250. Copying of public documents is not an infringement. 1129. "Copyright in Sporting News." Solicitors' Journal, 79 (August 17, 1935), 600-601. 1130. "Newspaper Copyright." Law Times, 48 (January 1, 1870), 160. Short note on first English law case recognizing a property right in certain types of newspaper content. 1131. "Report on International Copyright." Law Times, 181 (January 18, 25, February 8, 1936), 50-51, 69, 93-94, 1 1 1 - 1 1 2 .

COPYRIGHT

171

Report of the international committee studying proposals for consideration at the Rome Conference on Copyright. 1132. "Two Methods of Protecting News Rights." Newspaper World, 29 (June 13, 1936), 15. Either court action or protection under treaties is available to British journalists. 1 1 3 3 . Brown, W. F. Wyndham. "Origin and Growth of Copyright in England." Law Magazine & Review, 34 (November, 1908), 54-65. 1134. Clute, A. R. "Canadian Copyright in ternational Aspects." Canadian Law Times, 1904), 307-3 28 » 347~384The first article is devoted largely to the English law; the second considers rather Canadian copyright law of 1900.

Its Constitutional and In24 (October, November, historical background in technical details of th«

1135. de Montigny, Lauvigny. "The Canadian Copyright Act." Canadian Bar Review, 8 (November, 1930), 643-651. 1136. "Copyright in Canada." Canadian Bar Review, 5 (January, 1927), 27-43. Study of Canadian legislation, particularly dealing with the duration of copyright, as compared with the International Copyright Convention. 1137. Fox, Harold G. "Evidence of Plagiarism in the Law of Copyright." University of Toronto Law Journal, 6 (Lent Term, 1946), 414460. Proof of literary piracy requires evidence of existence of previous work, its originality, accessibility of sources of information and the prestige of the writers. 1138. "Some Points of Interest in the Canadian Law of Copyright." University of Toronto Law Journal, 6 (Lent Term, 1946), 100-144. Special provisions relate to works which deceive the public, distortions of one's work by another, and infringement through broadcasts. 1139. Giles, Acland. "Literary and Artistic Copyright in the Commonwealth." Commonwealth Law Review, 3 (January-February, March-April, 1906), 107-114, 145-154.

172

INTERNATIONAL AND FOREIGN

Protection may be afforded by ( i ) Australian colonial acts, whose validity is usually confined to that colony, and (2) imperial legislation. 1140. O'Donoghue, John G. "Canadian Copyright in Its Constitutional and International Aspects." Canada Law Journal, yj (June 1, 1901), 370-395. The British North American Act gave Canada independent copyright power with reference to Dominion productions, but its international copyright authority was in doubt at the turn of the century. 1141. O'Halloran, George F. "Copyright in Canada." Canadian Bar Review, 6 (February, 1928), 109-114. Discussion of the basic principles of Dominion copyright law. 1142. Strahan, J. Andrew. "Journalists and the Copyright Act 1911." Law Times, 133 (June 15, 1912), 150-151. The author sees the new statute considerably curtailing the property right of newspapermen in their output. 1143. "The Reporter and the Law of Copyright." Law Magazine &• Review, 26 (November, 1900), 35-54. English law at turn of century generally allowed reporters full protection in the form and substance of their writing. See also 70. RADIO Articles 1144. [Anon.] "Defamation by Radio: Libel or Slander?" New Zealand Law Journal, 14 (September 20, 1938), 277-279. Cites Dominion and American cases illustrating the need for a new definition of defamation pertaining to radio programs. 1145. "Radio Defamation, an Unexplored Field of Law." New Zealand Law Journal, 14 (September 6, 1938), 266-267. Outlines several questions of liability which the British courts have not yet settled with reference to the special form of defamation in broadcasting. 1146. Brown, R. Jardine. "The Constitutional Law and History of Broadcasting in Great Britain." Air Law Review, 8 (July, 1938), 177200.

RADIO

173

The business manager of B.B.C. traces the history of radio law from 1922 and the steady evolution of government-supervised broadcasting into what is held to be "a very large measure of constitutional independence." 1147. Claxton, Brooke. "Broadcasting in Canada." Air Law Review, 4 (January, 1933), 17-30. Summarizes the difficulties facing Canada in setting up a system of government-supervised broadcasting similar to England's. Cf. 1146. 1148. "Legislative Control of Radio in Canada." Air Law Review, 2 (November, 1931), 439-454. Principally a discussion of a Canadian supreme court decision that legislative control is a Federal, rather than a provincial, prerogative. 1149. "Protection against the Unauthorized Use of a Broadcast in Canada." Canadian Bar Review, 10 (September, 1932), 423-441. Discusses the constitutional aspects of radio control, Dominion and international law on the subject, and the problem of broadcasts across the United States-Canadian border. 1150. MacKenzie, N . "Recent Developments in the Regulation and Control of Radio-Broadcasting in Canada." Journal of Radio Law, 2 (October, 1932), 770-771. 1 1 5 1 . Paton, G. W. "Broadcasting and Privacy." Canadian Bar Review, 16 (June, 1938), 425-438. Australian courts raise question as to whether privacy is a separate right or a general right protected under property law, in cases involving broadcasting as a quasi-public spectacle. 1152. "Broadcasting and the Tort of Privacy." Law Quarterly Review, 54 (July, 1938), 319-321. 1153. Richardson, G. W. "Survey of Canadian Broadcasting Legislation." Canadian Bar Review, 15 (February, 1937), 93-98. The Canadian Broadcasting Act of 1936 created a Dominion-wide agency for broadcasting, to be treated as a public-service business rather than an agency of the government. 1154. Wortley, B. A. "Broadcasting and Comparative Law." Journal of Comparative Legislation, 3d ser., 17 (February, 1935), 31-37. Briefly considers copyright, rebroadcast and defamation in radio law, with special reference to Britain and France.

INDEXES

AUTHOR

INDEX

(Reference is to serial figure) Abrams, 45 Adams, 397 Adler, 456 A k z i n , 851 Algie, 987 Allen, C. L „ 638 Allen, D. J., 46 Alpert, 169 Ambion, 2 5 5 Amdur, 532 Anderson, F. M., 47 Anderson, O. B., 689 A n z o f i , 200, 2 0 1 Appel, 283, 478 Armstrong, 284 Arthur, 1, i a Ashby, 7 5 5 Aspland, 895 Aumann, 827 Bailey, 609 Baker, 828 Baldwin, 4 1 0 Ball, H. G., 534 Ball, W. V., 988, 988a Ballinger, 620 Balter, 185 Bantz, 364 Barber, 104 Barry, 480 Bartenstein, 4 1 1 , 756 Bates, 286 Beamis, 481

Bell, A., 1009 Bell, f. F., 4 1 2 Benjamin, 559 Benson, 2, 482 Benton, 24 Berger, M. M., 287 Berger, R., 483 Berman, 7 5 7 Berry, 7 1 8 Biddle, 1 8 6 Bielaski, 758 Bigelow, 230 Bikle, 1 8 7 Biro, 855 Bishop, 949 Black, 1 0 5 , 188 Blackburn, A . F., 106 Blackburn, A . R., 989 Blair, 646 Blake, 365 Block, 4 1 3 Bohlen, 2 3 1 Borth wick, 990, 991 Boudin, 1 0 7 Bower, 992, 992a Bowker, 5 3 5 Brandeis, 446 Brandenfels, see von Brandenfels Braybrooke, 1069 Brettman, 8 1 4 Brewin, 9 1 6 Bridgeman, 993 Briggs, 842

178

INDEX

Bright, 723 Brinkman, 484 Brocker, 85 Brown, J. L., 536, 856 Brown, L. B., 630 Brown, L. M., 857 Brown, R. C., 485 Brown, R. G., 10 Brown, R. J., 1 1 4 6 Brown, S. M., 759 Brown, T. W., 56 Brown, W. F. W., n 33 Browne, 988 Bryan, 288 Bryen, 486 Burdick, 232 Burns, 691 Bury, 25 Butler, 1 1 , 709 Button, 994 Caldwell, E. C „ 189 Caldwell, L. G., 561, 562, 724, 760, 7 6 1 , 762, 858, 859 Caldwell, M. G., 829 Callmann, 563 Cannada, 366 Cannon, 663 Carpenter, 289 Carr, 1071 Carrington, 190 Carroll, 57, 191 Carter, 108 Chafee, 86, 87, 109, 1 1 0 , 192, 564 Chand, 957 Chandhuri, 917 Chapin, 233 Chapman, C., 664 Chapman, L. L., 193 Chisholm, 1072 Chouinard, 654 Christie, 1073 Chunn, 623 Chused, 488 Clark, F. S., 367 Clark, G., 1 1 1

Clark, K., 843 Claxton, 565, 1 1 4 7 , 1 1 4 8 , 1 1 4 9 demons, 414 Clerk, 995 Cloutman, 996 Clute, 1 1 3 4 Clyde, 26 Coffin, 725 Cohen, 830 Cohn, 194 Cole, 290 Conrad, 763 Cook, E. T., 896 Cook, H. M., 1 1 2 Cooke, 997 Cooley, 234 Cooper, F. T., 998, 998a Cooper, T., 27 Copinger, 1 1 1 7 , 1 1 1 7 a , 1 1 1 7 b , ni7d, 1117c Cormack, 566 Corrick, 629 Corwin, 1 1 3 Cotter, 291 Cowan, 1074 Co wen, 1075 Crockett, 675 Crosman, 1, ia, 58, 489 Cross, 292 Culp, 195 Curtis, 537 Cushman, E. C., 516 Cushman, R. E., 1 1 4 , 1 1 5 Daitch, 370 Danahey, 1 1 6 Oangel, 449 Darrow, 415 Davis, M., 860 Davis, N . G., 293, 416 Davis, S., 734 Davis, W. J., 567, 735, 861 Dawson, S. A., 88 Dawson, T., 999 Day, 294 Deddens, 676

1117c,

AUTHOR INDEX de Montigny, 1 1 3 5 , 1 1 3 6 DeMott, 417 Denbo, 632 Derenberg, 568, 569 Dcutsch, 1 1 7 , 490, 815 de Villiers, 1077, 1078, 1079 DeWolf, F. C „ 726, 862 DeWolf, R. C., 538, 863 Dicey, 824 Dickinson, 864 Dickler, 418 Dill, 736 Doan, 12, 154, 3 7 1 , 419 Donogh, 897 Donovan, 764 Doozcn, 570 Dorward, 235 Doyle, 491 Driscoll, 571 Drone, 539 Duffy, 865 Duniway, 28 Dyer, 687 Eagleton, 866 Edgar, 236 Ellis, 7 1 0 Evans, 372 Fahey, 572 Fairchild, 765 Faught, 59 Federico, 60 Fenning, 61, 62 Fenwick, 867, 868 Field, 919 Fifield, 373 Finkelhor, 665 Finlay, 766 Fisher, 1000, 1000a, 1080 Fitzpatrick, 421 Fleming, D. M., 1081, 1082 Fleming, W., 626 Fletcher, 767 Flood, 1001 Folkard, 1002, 1002a, 1002b

Ford, C., 1083 Ford, D. M., 920 Ford, J. L. C., 374 Forrest, 492 Fortunoff, 768 Foster, 1 1 8 Fox, H. G „ 1 1 1 8 , 1 1 3 7 , 1 1 3 8 Fox, J. C., 450, 971, 972, 973, 974, 975, 976 Fraenkel, 63, 1 1 9 , 120 Frank, 196 Fraser, 1003, 1003a, 1003b, 1003c, 1003d,1084 Freedman, 375 Freeland, 573 Freund, 155 Friedrich, C. B., 1 2 1 Friedrich, C. ]., 197, 738 Garrett, 198 Gatley, 1004, 1004a, 1004b Gavit, 29 George, E. F., 989 George, J., 30 Gerald, 634 Gibbons, 199 Gibson, 769 Giles, 1 1 3 9 Gill, 493 Gillam, 494 Gillis, 621 Gillmore, 295 Glassmann, 7 1 1 Gold, J., 423 Gold, W. B „ 296 Goldstein, 495 Gonring, 376 Goodhart, 977 Goodrich, C. S., 677 Goodrich, H. F., 122 Graham, 770 Grant, 200, 201 Grasty, 202 Greco, 575 Green, E., 424 Green, L., 425

i8o Gregory, C. N., 1086 Gregory, S. S., 496 Grimshaw, 785 Gross, 7 1 9 Guider, 297 Haight, 123 Hale, R . L „ 124 Hale, R. W., 497 Hale, W. B „ 576 Hale, W. G., 2, 2a Haley, 7 7 1 , 772, 773, 816 Hall, 1 2 5 , 377 Hallen, 298, 299 Hallis, 898 Hand, 426 Handler, E., 427 Handler, M., 678, 679 Hanson, E., 498 Hanson, L. W., 31 Harbaugh, 739 Harper, 237, 378 Harrington, 379 Harris, G., 1087 Harris, G. W., 451 Harrison, 774 Hart, 203 Harvey, 300 Hatch, 238 Hatton, 499 Hays, 126 Headlam, 869 Heath, 301 Hellen, 380 Hemingway, 680 Hempstead, 7 1 2 Henderson, 239 Herring, 7 1 9 Hervey, 302 Hettinger, 775 Hibschman, 303, 304, 305 Hickey, 776 Hoffnagel, 681 Hogg, 1088 Holdsworth, 64, 65, 1089 Holt, 32, 32a, 32b

INDEX Homburg, 870 Hood, 777 Howard, 500 Howell, 540, 577 Hudson, 871 Hughes, 978 Huie, 306 Hull, 817 Hulten, 428 Hunt, 33 Hutchinson, 127 Hynes, 578 Ingalls, 831 Ingersoll, 307 Ingle, 921 Irion, 692 Jackson, J. G., 579 Jackson, M. B., 580 Jarre«, 128 Jenkins, A. D., 624 Jenkins, J. R., 309 Jensen, 240 Jessup, 156 Johnson, E. H., 241 Johnson, G. W., 129 Jonas, 3 1 0 Jones, A. P., 501 Jones, J. E., 204 Jones, R. W., 3 Jones, T. A., 950 Jordan, B. B., 979 Jordan, L. F., 502 Joseph, 381 Kacedon, 430 Kadetsky, 778 Kadin, 205 Kahn, 778 Kamin, 372 Kark, 922 Kassner, 206 Keller, 779 Kelley, 302 Kelly, 1005

AUTHOR INDEX Kendall, 3 1 2 Kenner, 3 8 3 Kent, 2 4 2 Kerr, 3 1 3 King, C . W „ 5 1 0 K i n g , J., 1006, 1 0 0 7 , 1 0 9 1 Kinsley, 89 Ki r k, 384 Kirkland, 3 1 4 Kirkpatrick, 666 Kutten, 780 Ladas, 844, 872 Lahiri, 980 Lancaster, 582 Landrum, 503 Lansdale-Ruthven, 1008 Langley, 504 Lanigan, 583 Lanois, 3 8 ; Larremore, 4 3 1 , 505 Larson, 2 1 5 , 2 1 6 Lashly, 506 Laski, 923, 981 Launer, 727 Lauterpacht, 873, 874 Lawson, 6 1 6 Leatherwood, 90 Lee, 207 Leesman, 584 Lehmann, 4 Leovy, 4 3 2 L e R o y , 875 Lesher, 208 Levenson, 7 8 1 LeViness, 832 Lewis, E . F., 740 Lewis, W. D „ 66, 876 Linck, 585 Lindsell, 995 Ling-Mallison, 9 5 1 Lisle, 433 Logan, 586 L o n g , 587 Loomis, 5, 507, 657 L u c k , 996

Ludes, 4 3 4 Lyne, 3 1 6 McCain, 7 1 3 McClellan, 1 5 7 McClure, 588 McCormick, 9 1 McDonald, 7 8 5 MacGillivray, 1 1 1 9 McGuire, 658 MacKenzie, 1 1 5 0 McKerron, 1 0 9 3 MacKinnon, E . , 7 1 4 MacKinnon, M. A . , 1009 McKissock, 647 MacLatchy, 982 McManus, 8 3 3 McVicker, 386 Malone, 3 1 8 Mance, 845 Mander, 877 Mapel, 2 4 3 Marsh, E . W . , 4 3 5 Marsh, F . , 636 Martin, E . M . , 643 Martin, R . N . , 1094 Masters, 7 8 2 , 7 8 3 , 784 Masterson, 67 Mathias, 3 4 Mattison, 209 Maxwell, 3 1 9 Mayer, 509 Mays, 3 8 7 Mee, 682 Meehan, 68 Mendez G . , 3 2 0 Menon, 699 Merrill, 244 Merryman, 3 2 1 Mersack, 436 Michael, 1 3 1 Mickey, 3 2 2 Millard, 6 8 3 Miller, E . F., 589 Miller, F . A . , 529 Miller, F . R., 590

INDEX Miller, N., 591, 786 Mills, 591 Miranda, 323, 659 Mock, 158 Monchak, 324 Montigny, dc, see dc Montigny Moreland, 437 Morgan, 541 Morris, 325 Morrow, 741 Mosse, 956 Mulvancy, 1 0 9 ; Nash, 787 Nelles, 510 Neu, 592 Neugebauer, 878 Neuner, 879 Newell, 245, 245a, 245b, 245c Newhouse, 788 Nims, 326 Nisot, 880 Nizer, 438 Nokes, 900 Nordon, 728 Normand, 1097 O'Brien, 439 Odgers, 1010, 1010a, 1010b, i o i o d , ioioe, i o i o f , i o i o g O'Donnell, 210 O'Donoghue, 1140 O'Halloran, 1 1 4 1 Oldfield, 1 1 2 0 O'Rourke, 5 1 1 Ostertag, 881 O'Sullivan, 1098 Oswald, 958, 958a, 958b, 958c Otterman, 882, 883 Outland, 35 Owens, 5 1 2 Paterson, 901 Paton, 1099, 1 1 0 0 , 1 1 5 1 , 1 1 5 2 Patterson, 92 Payne, J. C., 2 1 1

1010c,

Payne, J. E „ 648 Peairs, 132 Perlman, 819 Perry, 5 1 3 Pestel, 593 Phillips, 161 Pickard, 594 Pickering, 388 Pilley, i o n , 1 0 1 1 a Pinsky, 1 3 3 Pische, 441 Pitt, 246 Piatt, 694 Ploscowe, 819 Plotkin, 789 Plummer, 514 Poldevaart, 395 Pollard, 6 1 1 , 6 1 2 , 6 1 3 , 643, 660, 661 Pollock, F., 1 0 1 2 Pollock, L., 327 Porter, 627 Portmann, 631 Pound, 69, 328 Powell, 1 0 1 3 , 1013a Prager, 70 Pressley, 134 Preuss, 884 Price, B., 2 1 2 , 2 1 3 Price, W., 595 Proffitt, 685 Prosser, 247 Pulliam, 790 Quarles, 641 Radin, 5 1 ; Ragland, 442 Ramaswamy Iyer, 1014 Rapalje, 452 Ray, 390 Raynor, 847 Redman, 248 Redmond, 1 1 0 1 Reed, 759 Rejent, 596 Rem mo, 1 3 5

AUTHOR INDEX Rhodes, 5 1 6 Rice, 924 Rich, 36 Richardson, 1 1 5 3 Ricketts, 791 Riddell, 1 1 0 2 Riesman, 329 Ringwood, 1 0 1 5 Roberts, C . J., 5 1 7 Roberts, H . W., 597 Robinson, L . F. S., 1 1 0 3 Robinson, T . P., 742 Robson, 925 Rogers, E. S., 7 1 Rogers, L., 809, 820 Roper, 667 Rosenberg, 2 1 4 Rosenfeld, 1 3 6 Rosewater, 834 Ross, 5 1 8 Rothenberg, 1 1 0 4 , 1 1 0 5 , Routledge, 37 Rowell, 1 3 7 Rowland, 1 1 0 7 Rowley, 792 Ruen, 1 1 6 Russell, 391 Rutherford, 38

183

Seelman, 250 Seitz, 7 1 5 , 793, 794 Seron, 5 1 9 Seward, 74 Seymour, 3 3 3 Sforza, 836 Shapiro, 795, 796 Sharp, 846 Shearer, 686 Shearman, 847 Shelton, 836 Shientag, 75, 76 Sholl, 1 1 0 8 Shortt, 1 1 2 2 , 1 1 2 2 a Shriver, 2 1 5 , 2 1 6 Shull, 520 Siebert, 7. '3> M . 77. 78, 79. 2 2 6 , 687,

no6

Sackett, 249, 330 Sackin, 3 3 1 Salmon, 39 Salmond, 1 0 1 6 Samuels, 6 Sarin, 957 Saunders, 72 Savord, 598, 599 Schmidt, 3 3 2 Schofield, 138 Schroeder, 73, 162, 1 6 3 , 164, 1 6 5 , 16 i, 1 6 7 , 392, 821 Schuyler, 40 Schweiger, 6 1 7 Scott, 926 Scrutton, 1 1 2 1 , 1 1 2 1 a , 1 1 2 1 b , Seaman, 1 3 9

1121c

797. 837. 927 Siegel, 2 1 7 , 729, 798 Silverstein, 140 Simpson, 600 Skeel, 6 5 1 , 695 Small, 649 Smith, E. S., 885 Smith, Jeremiah, 3 3 4 , 3 3 5 Smith, J. D., 1 1 0 9 Smith, W. G „ 1 4 1 Snyder, 1 4 2 Socolow, 743 Solberg, 4 1 , 42, 6 0 1 , 602, 886 Sommer, 1 4 3 Soule, 5 2 1 Southworth, 3 3 6 Sparlin, 6 1 4 Spencer, 603 Sprague, 144, 145 Starkie, 1 0 1 7 , 1 0 1 7 a , 1 0 1 7 b , ioi7d, 1017c, ioi7f Steigleman, 227, 3 3 7 , 530 Stempel, 626 Stepner, 444 Sternberg, 1 9 7 Stewart, I., 799, 887, 888 Stewart, J. R., 3 9 3 Stiller, 394 Stone, T . S., 522, 523

1017c,

I8 4

INDEX

Stone, W . S., 603 Story, 43 Strahan, 1 0 0 0 , 1000a, m o , 1 1 4 2 , 1 1 4 3 Street, 2 5 1 Stromberg, 800 Sullivan, 4 5 3 Swancara, 2 1 8 , 524 Swindler, 1 5 , 1 6 , 1 7 , 5 3 1 , 6 1 5 , 622, 7 1 6 , 7 3 0 , 848, 928, 1 1 1 1 Swisher, 1 4 6 Symes, 8 0 1 Symons, 604 Tannen, 1 3 6 Tanner, 1 8 Taylor, 3 9 6 Tebbutt, 1 0 1 8 Teich, 3 3 8 Thackrey, 7 3 1 Thayer, 8, 3 3 9 , 3 4 0 , 5 1 4 , 605, 606 Thomas, 454 Thring, 542 Tomlinson, 849 T o o k e , 688 T o u l m i n , 607 Towers, 3 4 1 Townshend, 253, 253a, 253b, 253c Trapnell, 929 Tribolet, 80, 802, 850 Trouillon, 6 2 5 Unterberger, 4 4 5 Unverzagt, 3 3 2 Vance, 1 4 7 V a n D y k e , 889 Van Eaton, 644, 644a Veeder, 8 1 , 82, 1 4 8 Villiers, de, See de Villiers Voet, 1 0 1 9 , 1 0 1 9 a Vold, 803, 804, 805, 806 von Brandenfels, 608 Waite, 2 2 1

Walker, 890 Wallace, 2 2 2 Walsh, 1 4 9 Warner, 223 Warren, 446 Watrous, 83 Watson, 891 Waybright, 3 4 2 Weber, 3 4 3 Webster, 7 3 2 Weil, 543 Weinblood, 1 5 0 Weker, 823 Werne, 19, 20, 2 1 , 22, 2 3 , 224 West, 3 5 0 Wettach, 344 Wham, 3 4 5 Wheeler, 447, 845 Whipple, 93 White, 84, 346 Whitworth, 930 Wickwar, 44 Wigmore, 2 2 5 Wilkinson, 1 5 1 Williams, G . L . , 11-13 Williams, H . D., 892 Willis, H . E., 1 5 2 Willis, M. C . , 526 Willis, W . , 807 Wilner, 3 4 7 Wilson, 838 Wilton, 1 1 1 4 Winfield, 1 0 2 0 , 1 1 1 5 Wittenberg, 544 Wolf, 228 W o l f f , 348, 349 Wood, 1 1 1 6 Woolsey, 7 3 3 Wortley, 1 1 5 4 Yankwich, 1 5 3 , 254, 3 5 1 , 5 2 5 , Zollmann, 744 Zucker, 448

SUBJECT administrative and business law, 2, 3 , 663, 666, 689-692, 7 3 7 , 745 advertising general, 1 , 2, 3 , 8, 662-688 billboards, 662, 670, 6 7 5 , 677, 680683, 685, 688 city, 676 false, 674, 678, 679, 684, 686 Federal regulation o f , 663, 666, 668, 672, 679, 686 Federal Trade Commission, 7 1 1 imitation of, 669 libelous, 277, 3 1 7 political, 687 privacy and, 396 radio, 758, 774, 7 8 1 right to refuse, 6 7 1 state laws on, 667, 673 unfair competition in, 549, 556, 559, 568, 569, 5 7 3 , 577, 593, 599, 604 Alabama public notices, 6 1 6 Alberta, see Canada Alien and Sedition Acts ( 1 7 9 8 ) , 47, 57 Arizona privacy, 409 Arkansas public notices, 6 1 7 Associated Press general, 94, 7 1 7 by-laws of, 696, 706, 7 2 0 - 7 2 2 , 7 2 7 , 730 Australia censorship, 9 1 1 contempt, 961

INDEX Australia (continued) copyright, 1 1 3 9 libel general, 1 0 1 8 damages, 1 1 0 3 fair comment, 1 0 3 2 , 1 0 9 ; , 1099 negligence, 1 0 9 4 privilege, 1 0 6 4 , 1 0 8 8 , 1 1 0 8 public figures and, 1 0 3 3 public records, 936 radio copyright, 1 1 5 1 bills of rights general, 63, 66, 9 ; , 1 0 9 , I;I international, 854, 876 blasphemy, 2 1 8 California libel, 289, 3 0 7 , 396 privacy, 427 public notices, 6 1 8 Canada Alberta " g a g l a w , " 9 2 1 blasphemous libel, 1 0 2 5 civil liberties, 903, 904, 9 1 6 contempt, 969, 979, 982, 983 copyright, 1 1 1 8 , 1 1 2 4 , 1 1 2 6 , 1138, 1140, 1 1 4 1 history contempt, 882 freedom, 1 0 7 2 , 1 1 0 2 libel general, 1 0 0 7 , 1 0 9 1 , 1 1 1 1 criminal, 1 0 0 6

1134

INDEX Canada (continued) mistake in, 1035 privilege, 1081, 1082 trade, 1116 public records, 931, 938, 948 radio, 1 1 4 7 - 1 1 5 0 , 1 1 5 3 sedition, 919, 926 war and, 888, 904, 9 1 ; , 919, 928 carriers, see under labor censorship, press and radio general, 1, 2, 154-225, 738, 846, 895898, 900 history, 39, 45. 47. 57. 65. 77*79 international, 869 radio, 157, 1 7 1 , 174. 178. 180, 189, 193, 197, 205, 206, 217, 747, 760 war, 210 child labor, see under labor circulation and freedom, 128 civil liberty or civil rights general, 46, 93, 114, 1 1 8 - 1 2 0 , 126, 127, 134, 136, 141, 146, 186 libel and, 305 privacy and, 422, 436 collective bargaining, 691-693, 702, 7 1 4 Colorado privacy, 415 public notices, 619 communications general, 7i7"733> 843. 845, 850 history, 80 international, 843, 845, 849, 850, 853, 862, 870, 879, 882, 883, 885, 888, 890 confidences, 7, 526-531 contempt general, 1, 2, 3, 8, 43, 449-525. 958 as censorship, 179 civil, 459, 460, 485, 494, 512 comment on proceedings, 456, 466, 47A 475. 487. 497. 502. 5M. 518 criminal, 459, 460, 479, 485, 494, 5 1 2 freedom of speech and press and, 486, 489, 490, 496, 498, 5 1 1 , 515, 5 1 7 history, 51, 52, 54, 72, 450, 458, 503, 509

contempt (continued) in photographs, 474 statutory limitations on, 505, 510, 519, 521, 522 trial by newspaper and, 453, 492, 513 copyright and property rights general, 1-3, 7, 8, 41, 42, 532-608, 717. 840, 842, 844, 1 1 1 7 advertising (see also unfair competition, below), 549, 556, 559, 568, 569. 573. 577. 593. 599. 604 common-law, 570, 574, 594 fair use, 589, 595 history, 41, 42, 48, 60, 67, 70, 71, 535. 681 infringement, 571, 597, 598 international, 602 newspaper and news property, 553, 566, 605, 606 notice, 579 radio, 552, 558, 561, 562, 565, 567, 575, 578. 585. 591. 600, 608, 753, 754. 762, 807 radio news, 550, 555 unfair competition, 547, 548, 558, 563 war a n d , 5 8 8 Debs case, 188 England general, 910, 927, 993, 996, 999, ion advertising, 949-956 billboards, 952, 955 blasphemy, 895, 900, 902, 918 civil liberties, 904, 923 confidence, 985, 986 contempt, 959, 960, 962, 968, 970, 977. 978, 981, 982 copyright general, 1 1 1 7 - 1 1 2 1 , 1 1 2 5 , 1 1 2 7 history, 65 international and imperial, 1 1 3 1 news property and, 1 1 2 8 - 1 1 3 0 , 1 1 3 2 , 1142, 1143

SUBJECT INDEX lEngland (continued) freedom of speech and press, 920, 1110

history censorship and control of speech and press, 3 1 , 34. 55. 65. 77"79 contempt, 450, 958, 965, 966, 9 7 1 976

copyright, 65, 7 1 , 1 1 2 0 , 1 1 2 2 , 1130, J133

freedom, 26, 29, 3 1 , 33, 37, 44, 69, 82, 9 0 1 libel, 3 0 , 3 2 , 5 0 , 6 4 , 8 1 , 9 9 0 , 9 9 1 , 1001-1003, 1034,

1005,

1013,

libel general, 988, 989, 992, 994, 995, 998,

'003,

1004,

1008-

1010,

1012, 1015, 1016, 1020,

1029,

1030,

1047-1049,

England (continued) obscenity, 898, 907, 9 1 2 , 930 privacy, 1115 public notices, 953, 954, 956 public records, 9 3 2 - 9 3 5 , 9 4 0 - 9 4 7

radio general, 1 1 4 6 international and imperial, 1154 libel, 1101 privacy, n 52 sedition, 906, 914 war and, 8 9 6 , 9 0 4 , 9 0 5 Esquire case, 8 1 3 , 814, 8 1 7 , 8 1 8

1019,

1050, 1 0 5 1 , 1055, 1 0 7 1 ,

1077-1080, 1083, 1087, 1089

997.

187

1075,

1100, 1109, 1 1 1 3 , 1 1 1 4

advertising, 1073, 1076 caricature, 924, 1078 character of defendant, 1024 criminal libel, 1052 damages, 1028, 1092, 1 1 0 4 , 1 1 0 5 definition, 1 0 3 1 fair comment, 1 0 3 2 , 1040, 1090, 1107

group libel, 1027, 1056, 1057 headlines, 1 0 4 1 , 1062, 1068 injunction, 1074 innocent circulation (see vendor below) liability, 1023, 1058 mistake; 1 0 2 1 , 1046, 1098, 1 1 1 2 newspaper, 1 0 5 3 , 1059, 1084 photograph, 1022, 1054 privilege, 1038, 1 0 6 1 , 1085 publication, 1096 radio, 1101 right of reply, 1106 trade libel, 1039 trivial, 1037 vendor, 1045, 1066, 1086

Federal Communications Act

(1934),

718, 741

Federal Communications Commission, 737. 742. 748, 749. 7 6 1 , 7 8 6 , 7 8 9 Federal Trade Commission, 672, 679 advertising and, 7 1 1 Florida freedom, 90 libel, 342 public notices, 620 Ford, Henry, libel suit, 3 1 4 Fourteenth Amendment, 1 1 6 , 1 3 2 , 1 5 1 freedom of speech and press general, 1, 3 , 8, 8 5 - 1 5 3 , 9 0 1

contempt and, 486, 489, 490, 496, 4 9 8 , 5 " . 515. 5 ' 7 fair comment and, 3 5 2 history, 2, 7 , 8, 2 5 - 2 9 , 3 1 , 3 3 , 3 4 , 3 7 , 38, 43, 44, 58, 63, 66, 68, 69, 73, 75, 82-84, 92, 1 3 8 , 901

international, 8 4 1 , 852, 891 libel and, 264 limits to, i n , 1 2 2 postal laws and, 8 1 1 , 8 1 5 , 822 radio, 96, 98, 99, 1 0 1 , 104, 144, 145 Georgia libel, 3 3 3 , 340 history general, 53, 1 3 5

188

INDEX

history (continued) AP anti-trust case, 730 censorship and control of speech and press, 39, 45, 47, 57, 65, 77-79 communications, 80 contempt, 51, 52, 54, 72, 450, 458, 503. 509 copyright, 41, 42, 48, 60, 65, 67, 70, 7 1 , 535, 601 freedom, 2, 7, 8, 25-29, 3 1 , 33, 34, 37. 38, 40, 43, 44, 58, 63, 66, 68, 73, 75, 82-84, 92» 135. ' 3 8 , 901 libel, 24, 27, 30, 32, 35, 49, 50, 64, 74, 76, 81, 242, 2 5 1 , 989, 990 monopoly, 56 postoffice, 36 public notices, 613 radio, 764 sedition, 46, 55, 59, 897 Idaho public notices, 621, 622 Illinois libel, 387 public notices, 623-625 India general, 893, 899, 929 contempt, 957, 980 libel, 1014 sedition, 897, 909, 9J7, 924 Indiana contempt, 485 public notices, 626 injunction and freedom, 1 8 1 , 2 1 1 international and comparative law general, 536, 719, 840-892 censorship, 846, 869 communications, 843, 845, 849, 853, 862, 870, 879, 882, 883, 888, 890 copyright, 840, 842, 844, 856, 859, 863, 865, 871, 872, 880, 886, 892 freedom of speech and press, 841, 856, 876, 877, 891 libel, 864

international, comparative law (con/.) Postal Union, 851, 866 press laws, 847 propaganda, 867, 868, 873, 874, 884, 889 radio, 849, 855, 857-861, 868, 870, 875, 878, 879, 887 Iowa contempt, 459 libel, 240 public notices, 627, 628 Ireland history contempt, 963 libel general, 1044, 1063, 1065 fair comment, 1060 public records, 931 radio, 1 1 2 3 sedition, 913 Kansas public notices, 629 Kentucky libel, 365 public notices, 630, 631 labor

850, 885, 857, 881, 854,

general, 699, 701, 709 carriers, 703, 715 child labor, 689, 690 law and public opinion, 824, 827 libel (defamation) nature and characteristics, 1, 2, 3, 7, 8, 229-349, 99 2 . 994> 1004, 1010, 1012 defenses, generally, 1, 2, 3, 7, 8, 350394 actionable words, 308, 3 1 8 advertising, 277, 3 1 7 "chain suits," 293 criminal, 3 1 3 damages, 296, 338, 343 of the dead, 259, 284, 327 excessive publication, 298 fair comment, 350, 3 5 1 , 353, 354,

SUBJECT INDEX libiel (continued) 358. 368, 370, 373-375. 386, 387, 393 false imputation of authorship, 263 fiction, 335 governments, on, 302 group, 260, 261, 266, 3 1 1 , 312, 316, 321, 329, 347 headlines, 281, 331 history, 24, 27, 30, 32, 35, 49, 50, 64, 74, 76, 81, 88, 242, 251, 989, 990 identity 309 injunction and, 261, 262, 328 injurious falsehood and, 291 international, 864 mental suffering and, 274 misleading information, negligence, 256, 268 mistake, 325, 355, 356, 392 newspaper, 292, 300, 322, 325, 336, 341, 344 newspaper files, 279, 280 per quod, 283 per se, 289, 306 photographs and, 290 practical joker and, 337 press agency message, 267 privilege, 125, 301, 3 5 1 , 361, 362, 364, 365, 367, 369-371, 376. 378, 379, 383-385, 391. 393, 394 profession, on, 257 public officials, on, 269, 273, 320 radio, 265, 297, 319, 750, 756, 765, 766, 768-770, 776, 777, 779, 780, 785, 787. 788, 791, 793-795. 803806 self-defense and, 360, 380 separation news and, 258 statute of limitations and, 382, 388 trade, 286, 303, 310, 326, 334, 345, 348, 349 truth and, 366, 379, 389, 1038 vendor, 304 licensing of press, 170, 204 Los Angeles Times case, 467, 469, 482, 483, 486, 488, 498, 508, 516, 524

Louisiana libel, 384, 393 public notices, 632 tax case, 97 Massachusetts censorship, 200 history contempt, 51 freedom, 28 libel, 49 Minnesota "gag law," 108 public notices, 633 Mississippi advertising, 680 Missouri contempt, 49; libel, 241 public notices, 634 Montana public notices, 635 Nebraska libel, 389 public notices, 636 Nevada public notices, 637 New Jersey libel, 295, 338 public notices, 638 New Mexico public notices, 639 New York history, 35, 76 libel, 250, 292, 305 public notices, 640 New Zealand contempt, 967 libel general, 987 definition, 1036, 1069 ignorance of contents, public records, 937, 938 radio libel, 1144, 1 1 4 s

190

INDEX

newspaper rights against radio, 82; North Carolina public notices, 641 North Dakota public notices, 642 obscenity general, 169, 182, 185, 220 postal laws and, 821 offensive language, 173 Official Secrets (England), 908, 922, 925 Ohio civil liberty, 127 libel, 248 public notices, 643 Oklahoma public notices, 644 Oregon public notices, 64s Pennsylvania history, 68, 84 libel, 296, 315, 332, 346 public notices, 646 Philippines libel, 255 photographs contempt and, 474 libel in, 290 privacy and, 399, 410, 414, 416, 420, 421, 424, 448 postoffice and postal laws general, 1, 2, 36, 808-823 censorship, 194, 205, 221 excluding from mails, 810, 813, 816, 821, 823 Federal regulations and, 809, 812, 820 freedom and, 8 1 1 , 813-815, 817, 818, 822 history, 36 international, 8 ; i , 866 propaganda and, 819 rates, 808 press and bar, 826, 831, 833, 834, 836 press and sensationalism, 828, 832, 838, 839

press and world peace, 835 privacy general, 1, 2, 3, 8, 395-448 advertising and, 396 civil liberty, 422, 436 libel and, 397 photographs and, 399, 410, 4:4, 416, 420, 421, 424, 448 "public interest" and, 413 radio and, 398, 404, 408, 417, 441 property (see also copyright) international, 840, 844, 856, 857, 859, 863, 865, 871, 872, 880, 88i, 886, 892 propaganda international, 867, 868, 873, 874, 884 889 postal laws and, 814 radio, 751, 798 public notices (see also under names of states) general, 1, 2, 3, 609-661 history, 613 index, 611 newspapers defined in, 612, 660, 661 rates, 615 public records access to, 1, 7, 226-228 libel and, 359 radio general, 1, 718, 719, 734-807, 849 administrative control of, 104, 713, 734, 736. 745, 757. 759. 767, 771, 772. 782, 799 advertising, 758, 774, 781 censorship and control of, 157, 171, 174. 178, 180, 182, 193, 197, 205, 206, 217, 739, 747, 760 contracts, 778 copyrights and, 550, 552, 555, 561, 562, 565, 567, 575, 578, 591, 600, 608, 753, 754, 807 defamation (libel or slander), 2 97> 319. 750, 756, 765, 766,

558, 585, 7 62, 265, 768-

SUBJECT INDEX radio (defamation, con/.) 770, 77«, 7 7 7 . 779. 780, 785, 787, 788, 7 9 1 , 793-795. 801-806 freedom, 96, 98, 99, 1 0 1 , 104, 1 4 4 , '45 general liability in broadcasts, 746, 7 7 3 . 793-795 history, 764 international control of, 849, 8 5 ; , 857-861, 868, 870, 875, 878, 879, 887 news, 796, 797 Postoffice and, 8 1 6 privacy and, 398, 404, 408, 4 1 7 , 441 propaganda, 7 5 1 , 798 rates, 800 taxation, 752 war and, 738 Scotland libel general, 1 0 6 7 , 1097 of dead, 1 0 7 0 security law and press, 7 1 0 sedition general, 59, 1 7 2 , 1 7 5 , 1 8 3 , 1 8 7 , 1 9 0 , 198, 199, 208, 2 1 9 , 2 2 2 , 2 2 3 , 897, 913. 9M South Africa confidence, 984 libel general, 1 0 1 9 , 1043 actionable words, 1 0 9 3 South Carolina public notices, 647 South Dakota public notices, 648 Star-Chamber, Court of, 34 taxation general, 695, 697, 704, 705 and freedom, 1 5 0

191

Tennessee "gag law," 184 Texas libel, 2 3 5 , 2 5 2 , 299 public notices, 649

unfair competition, 3 2 6 , 3 4 8 , 349, 547, 548, 558. 563

Virginia history, 7 2 libel, 308 public notices, 650

wages and hours, 694, 698, 700, 7 0 7 , 708 war censorship and controls, 86, 87, n o , 1 1 2 , 1 1 3 , 126, 146, 147 communications and, 7 2 3 , 7 2 5 - 7 2 8 , 732, 733 copyright in, 588 freedom in, 46, 1 2 0 , 1 9 1 , 1 9 2 , 1 9 6 , 210, 213, 215, 216, 225 radio in, 7 3 8 Washington public notices, 6 5 1 taxation, 6 9 ; West Virginia contempt, 491 libel, 246 public notices, 6 5 2 Wisconsin contempt, 5 2 2 , 5 2 3 libel, 3 7 3 public notices, 6 5 3 , 654

Zenger, John Peter, 3 8 , 58