“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 Hughes

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The statute in question cannot be justified by reason of the fact that the publisher is permitted to show, before injun…" by Charles Evans Hughes?

Charles Evans Hughes 34

American judge 1862–1948

Related quotes

“In attempted justification of the statute, it is said that it deals not with publication per se, but with the "business" of publishing defamation. If, however, the publisher has a constitutional right to publish, without previous restraint, an edition of his newspaper charging official derelictions, it cannot be denied that he may publish subsequent editions for the same purpose. He does not lose his right by exercising it. If his right exists, it may be exercised in publishing nine editions, as in this case, as well as in one edition. If previous restraint is permissible, it may be imposed at once; indeed, the wrong may be as serious in one publication as in several. Characterizing the publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint. Similarly, it does not matter that the newspaper or periodical is found to be "largely" or "chiefly" devoted to the publication of such derelictions. If the publisher has a right, without previous restraint, to publish them, his right cannot be deemed to be dependent upon his publishing something else, more or less, with the matter to which objection is made. Nor can it be said that the constitutional freedom from previous restraint is lost because charges are made of derelictions which constitute crimes. With the multiplying provisions of penal codes, and of municipal charters and ordinances carrying penal sanctions, the conduct of public officers is very largely within the purview of criminal statutes. The freedom of the press from previous restraint has never been regarded as limited to such animadversions as lay outside the range of penal enactments. Historically, there is no such limitation; it is inconsistent with the reason which underlies the privilege, as the privilege so limited would be of slight value for the purposes for which it came to be established.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“Any writer, reading over the typescript of a book for the last time before sending it off to the publisher, must wonder what all the effort was for.”

Kenneth Rexroth (1905–1982) American poet, writer, anarchist, academic and conscientious objector

"Introduction" http://www.bopsecrets.org/rexroth/autobio/1.htm
An Autobiographical Novel (1991)
Context: Any writer, reading over the typescript of a book for the last time before sending it off to the publisher, must wonder what all the effort was for. An autobiography is specially in need of justification to its author. It is a work of self-justification which itself needs justifying. Why have I written this book? Why have I written it the way I have? What does it mean to me? What do I hope it will mean to others?
Each human being has at the final core of self a crystal from which the whole manifold of the personality develops, a secret molecular lattice which governs the unfolding of all the structures of the individuality, in time, in space, in memory, in action and contemplation. Asleep there were just these dreams and no others. Awake there were these actions only. Only these deeds came into being.

“Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.”

Gustav Radbruch (1878–1949) German politician

"Statutory Lawlessness and Supra-Statutory Law" (1946)

“As long as copyright is breached in Iran and international works are being freely published in magazines and newspapers, no one feels any need for Iranian works.”

Javad Alizadeh (1953) cartoonist, journalist and humorist

Quoted in "Cartoonist Alizadeh, translating world into humor" in Press TV (23 April 2009) http://edition.presstv.ir/detail/92323.html

“A Wrinkle in Time was almost never published. You can't name a major publisher who didn't reject it.”

Madeleine L'Engle (1918–2007) American writer

Penguins and Golden Calves (2003)
Context: A Wrinkle in Time was almost never published. You can't name a major publisher who didn't reject it. And there were many reasons. One was that it was supposedly too hard for children. Well, my children were 7, 10, and 12 while I was writing it. I'd read to them at night what I'd written during the day, and they'd say, "Ooh, mother, go back to the typewriter!" A Wrinkle in Time had a female protagonist in a science fiction book, and that wasn't done. And it dealt with evil and things that you don't find, or didn't at that time, in children's books. When we'd run through forty-odd publishers, my agent sent it back. We gave up. Then my mother was visiting for Christmas, and I gave her a tea party for some of her old friends. One of them happened to belong to a small writing group run by John Farrar, of Farrar, Straus & Giroux, which at that time did not have a juvenile list. She insisted that I meet John any how, and I went down with my battered manuscript. John had read my first novel and liked it, and read this book and loved it. That's how it happened.

“Publishers are humane men, and rarely commit crimes. Authors, however, are a hardened set, who usually perpertrate a felony every time they issue a book.”

Robert Barr (writer) (1849–1912) Scottish-Canadian novelist

"The Adventure of the Second Swag" from The Triumphs of Eugene Valmont (1906)

“It is impossible to publish your book, and it will not be published in the next 200 years.”

Vasily Grossman (1905–1964) Soviet writer and journalist who originally trained as an engineer

1960s

“New York Times… Asshole, asshole. You cannot even criticize your own mistake. Invading a country, making up excuses before the world that is not true, then you have the gall to say stop. You better stop your publishing.”

Rodrigo Duterte (1945) Filipino politician and the 16th President of the Philippines

Duterte to New York Times: ‘You better stop your publishing’ https://globalnation.inquirer.net/155506/duterte-new-york-times-better-stop-publishing
Targeted remarks to personalities and institutions

“The ‘novel’ is a publishing convention that deforms the story. If more attention were given to form there would be fewer novels and better stories. There's no reason a publisher can’t put out a story that's a hundred or even seventy pages long. But a publisher will look at a story like that as defective novel, ineligible for shortlists. It should be in a collection. Or pumped full of air, turned into a novel… It's a pity. You see some good writers behaving like performing monkeys.”

Philip Ó Ceallaigh (1968) Irish writer

Interview by Tom Vowler (2010-13)

“I was, of course, angry and disappointed to see this happen, and I am deeply troubled by what it foretells for free speech in India in the present, and steadily worsening, political climate… I do not blame Penguin Books, India. Other publishers have just quietly withdrawn other books without making the effort that Penguin made to save this book [The Hindus: An Alternative History]. Penguin, India, took this book on knowing that it would stir anger in the Hindutva ranks, and they defended it in the courts for four years, both as a civil and as a w:Lawsuitcriminal suit. They were finally defeated by the true villain of this piece – the Indian law that makes it a criminal rather than civil offense to publish a book that offends any Hindu, a law that jeopardizes the physical safety of any publisher, no matter how ludicrous the accusation brought against a book.”

Wendy Doniger (1940) American Indologist

Wendy Doniger, In: India: PEN protests withdrawal of best-selling book http://fleursdumal.nl/mag/category/news-events/page/12, Fleursdumal.org
Her book [The Hindus: An Alternative History] became controversial and Dinanath Batra of Shiksha Bachao Andolan filed a case against the publisher, claiming that the book was offensive to Hindus and therefore in violation of Section 295A of the Indian penal code which prohibits ‘deliberate and malicious acts intended to outrage religious feelings or any class by insulting its religion or religious beliefs.'

Help us to complete the source, original and additional information

Charles Evans Hughes 34

Related quotes

Related topics