. · Let us be free from all fear of the world or of consequences, in a PRIVATELY PRINTED FOR FORENSIC USES NEW YORK Copyright by the Author, 1911 He that would make his own liberty secure, must guard even his enemy from oppression, for if he violates this duty he establishes a precedent that will reach to himself.” -Thomas Paine. "Those powers of the people which are reserved as a check upon the sovereign can be effectual only so far as they are brought into action by private individuals. Sometimes a citizen by the force and perseverance of his complaints, opens the eyes of a nation," De Lolme "I will be harsh as truth and as uncompromising as justice. I am in earnest; I will not equivocate; I will not excuse; I will not retreat a single inch; and I will be heard." Garrison CONTENTS PAGE ! Chapter I. A Statement of the Contentions On the Adverse Emotional Predisposition 24 Chap. III. No “ Obscene" Literature at Common v Chap IV. The Etiology and Development of Our Chap. V. The Reasons Underlying Our Consti- tutional Guarantee of a Free Press, Chap. Chap. VII. On the Implied Power to Exclude “Ob- Chap. VIII. Concerning the Meaning of “Freedom of Chap. IX. The Judicial Destruction of Freedom of Chap X. Judicial Dogmatism on “Freedom of the Chap. XI. The Historical Interpretation of "Free- dom of Speech and of the Press 206 Chap. XII. Science versus Judicial Dictum: A State- ment of Novel Contentions and a Chap. XIII. Ethnographic Study of Modesty and Chap. XIV. Psychologic, Study of Modesty and Chap. XV. Uncertainty of the “Moral Test of |