The Right to Libel

In most states of the U.S., it is dangerous for a careless or malicious newspaper to libel individuals, but little risk at all to libel such groups as Negroes, Jews, Catholics. Only three states (Illinois, Massachusetts and Indiana) ban all libels against racial or religious blocs. Reason: most states have wisely decided that a group libel law can be as dangerous a restriction on freedom of press & speech as it is a convenient weapon to shut up hatemongers. Newsmen have generally opposed such laws for the same reason. But last week the U.S. Supreme Court decided otherwise.

Before the court was the case of Chicago's Joseph Beauharnais,* founder of the "White Circle League of America, Inc." He had been convicted for printing scurrilous material about Negroes, under a 1917 Illinois law that makes it a crime to hold up any "race, color, creed or religion to contempt, derision, or obloquy." Last week, in a 5-to-4 decision, the Supreme Court upheld the Illinois law, marking the first time it has sanctioned such statutes. Wrote Justice Felix Frankfurter for the majority: "If an utterance directed at an individual may be the object of criminal sanctions, we cannot deny to a state power to punish the same utterances directed at a denned group . . ."

Justices Black, Douglas, Jackson and Reed dissented. The law, wrote Black, opens the door to censorship of newspapers, movies, radio, etc. "Sugar coating" the law, he said, by calling it a "group libel law . . . does not make the censorship less deadly." The minority was joined by a chorus of newspaper editorials. Said the Washington Post: "The court's decision . . . raises a disturbing question as to where such censorship will end." Added the Chicago Tribune, which rarely sees eye to eye with the Post: "The Illinois statute . . . could be interpreted to outlaw books and plays about Okies. To call something 'a dirty Irish trick' could be actionable. Legislation intended to prevent this kind of thing . . . would not be worth what it can cost the people of this country in restricting freedom of expression."

* Who claims descent from Josephine de Beauharnais, Napoleon's first wife.

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