Constitutional Free Speech Defined and Defended in an Unfinished Argument in a Case of Blasphemy (Classic Reprint)by Theodore Albert Schroeder
Nothing has been concealed or omitted merely because of its adverse tendency. All opposing theories and authorities have been frankly and exhaustively criticized. All unpopular implications have been fully accepted. The effort has been to enlarge the
Excerpt from Constitutional Free Speech Defined and Defended in an Unfinished Argument in a Case of Blasphemy
Nothing has been concealed or omitted merely because of its adverse tendency. All opposing theories and authorities have been frankly and exhaustively criticized. All unpopular implications have been fully accepted. The effort has been to enlarge the understanding and to be understood. These desires have extended even to the mental processes which are involved in the judicial consideration of such problems.
Those who look merely for a conventional legal argument will be as much disappointed as those who expect an entertaining agitator's passionate appeal. The ensuing discussion is as far from each of these types as possible. Perhaps now I have almost said that this argument is in a class by itself, both as to the material woven into the discussion, and the viewpoints that dominated their choice and use. Perhaps even the mental processes employed will seem a bit out of the ordinary. All this means that the following pages will interest only those who are dominated by the same purpose that inspired and determined the character of the book. Then only those will care to read who are very much in earnest in their desire to understand the past and present human forces involved in our human attitudes toward freedom of speech.
Consequently, this is perhaps more than a lawyer's argument. There is presented much of the psychology and philosophy of the law, and more or less of discussion as to the intellectual methods involved in the formation of legal opinions. Perhaps for most minds this will seem irrelevant and remote. Those who are best informed about the factors involved in the intellectual evolution of the race will perhaps be most pleased to find here a discussion of intellectual method and of the psychologic and philosophic aspects of juridical action. Here as everywhere, whatever of interest the reader sees in the following pages will depend largely upon what kind of eyes and of intellect he brings to the task of reading. Of course, the material was prepared for a wider audience than that which is found in the court room. I expect sometime to complete this argument. If the conditions require it, I will add a review of any adverse judicial action thereon and publish the whole in a new edition of this book. The pressure of a time limit for the preparation of this discussion is my excuse for many literary defects.
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