The statute in question cannot be justified by reason of the fact that the publisher is permitted to show, before injunction issues, that the matter published is true and is published with good motives and for justifiable ends. If such a statute, authorizing suppression and injunction on such a basis, is constitutionally valid, it would be equally permissible for the legislature to provide that at any time the publisher of any newspaper could be brought before a court, or even an administrative officer (as the constitutional protection may not be regarded as resting on mere procedural details) and required to produce proof of the truth of his publication, or of what he intended to publish, and of his motives, or stand enjoined. If this can be done, the legislature may provide machinery for determining in the complete exercise of its discretion what are justifiable ends, and restrain publication accordingly. And it would be but a step to a complete system of censorship.
Charles Evans HughesRelated topics
basis censorship complete constitutional court discretion done exercise fact good injunction intended legislature machinery matter mere newspaper officer permit produce proof protection publication publisher question reason resting show stand statute step suppression system time truth procedural details endsRelated quotes
We are... bound to attach the greatest importance to the preliminary step taken by Lavoisier, who is even more justly called the father of modern chemistry than Kepler is called the father of modern astronomy. The exact claims of Lavoisier to this important place in the history of chemistry have been variously stated: ...since his time, and greatly through his labours, the quantitative method has been established as the ultimate test of chemical facts; the principle of this method being the rule that in all changes of combination and reaction, the total weight of the various ingredients-be they elementary bodies or compounds-remains unchanged. The science of chemistry was thus established upon an exact, a mathematical basis. By means of this method Lavoisier, utilising and analysing the results gained by himself and others before him, notably those of Priestley, Cavendish, and Black, succeeded in destroying the older theory of combustion, the so-called phlogistic theory.
Antoine Lavoisier
As historical and social beings we find ourselves always already in a linguistically structured lifeworld. In the forms of communication through which we reach an understanding with one another about something in the world and about ourselves, we encounter a transcending power. Language is not a kind of private property. No one possesses exclusive rights over the common medium of the communicative practices we must intersubjectively share. No single participant can control the structure, or even the course, of processes of reaching understanding and self-understanding. How speakers and hearers make use of their communicative freedom to take yes- or no-positions is not a matter of their subjective discretion. For they are free only in virtue of the binding force of the justifiable claims they raise towards one another. The logos of language embodies the power of the intersubjective, which precedes and grounds the subjectivity of speakers.
Jürgen Habermas
Over the past year I've thought a lot about censorship, surveillance and regulation of the Internet. Is it necessary? Is it really so dangerous to allow individuals an ability to associate and communicate freely? Certainly there exists a criminal minority who take advantage of the freedom of the Internet, but no one is arguing that crimes shouldn't be prosecuted. This is about allowing the vast majority of people to communicate without state intervention. Despite all the dire warnings, the prophesies of doom and destruction that were foretold by the Pentagon, the US State Department, Hosni Mubarak, even English High Court Judge Eady, I look at the fallout from all that was published in 2010, all the breaches to establishment power that occurred through a networked citizenry- and the good clearly outweighs the bad. From the uprising in Iceland to the ousting of dictators in the Middle East, free speech has fundamentally changed the world for the good.
Heather Brooke
I have already informed my readers, that bull-baiting, or worrying of bulls with dogs, was one of the spectacles exhibited by the jugglers and their successors. It is also necessary to observe, that this cruel pastime was not confined to the boundaries of the bear-gardens; but was universally practiced on various occasions, in almost every town or village throughout the kingdom, and especially in market towns, where we find it was sanctioned by the law; and in some of them, I believe, the bull-rings, to which the unfortunate animals were fastened, are remaining to the present hour. It may seem strange, that the legislature should have permitted the exercise of such a barbarous diversion, which was frequently productive of much mischief by drawing together a large concourse of idle and dissipated persons, and affording them an opportunity of committing many grross disorders with impunity. Indeed a public bull-baiting rarely ended without some riot and confusion.
Joseph Strutt
In the winter of 1841 Schelling gave his famous series of lectures at the University of Berlin before a distinguished audience including Kierkegaard, Burckhardt, Engels, Bakunin. Schelling set out to overthrow Hegel, whose vast rationalist system including the identification of abstract truth with reality and the bringing of all history into an "absolute whole,” held immense and dominant popularity in the Europe of the middle of the nineteenth century. – 1844 Kierkegaard published Philosophical Fragments, and two years later he wrote the declaration of independence for existentialism, Concluding Unscientific Postscript to Philosophical Fragments. Also in 1844 there appeared the second edition of Schopenhauer's The world as will and idea,.. central emphasis "will” along with "idea” -- two related works by Marx 1844-45 – "attacked abstract truth' as "ideology” "using Hegel as his whipping boy” "men and groups bring truth into being” "money economy turns people into things”.
Rollo May
