Release date is 2026-01-25

Charlene Taylor, A Marshall and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.)

"Freedom of Speech" by Zechariah Chafee, Jr. is a legal treatise written in the early 20th century. It examines how far governments may restrict expression—especially during war—while preserving the democratic value of open debate. Grounded in history and case law, it argues for strong protection of political criticism and for limiting punishment to speech that directly and dangerously threatens lawful order.

The opening of the book frames the postwar controversy over free expression by rejecting two extremes: that the Bill of Rights vanishes in war, and that all speech is immune from regulation. It critiques the Blackstonian view that freedom means only no prior censorship, and the vague liberty-versus-license formula, insisting instead on a principled test. Drawing on American constitutional history—Madison, Jefferson, Franklin—and repudiating English-style “seditious libel,” it argues that punishment cannot rest on mere “bad tendency” or presumed intent. Chafee proposes balancing the social interest in discovering truth against the interest in public safety, protecting discussion unless it clearly risks direct and serious harm (especially to wartime operations). At the start of Chapter II, he sets the World War I context, outlines existing treason and conspiracy tools, and then explains the 1917 Espionage Act’s key speech offenses and mail bans. He shows how perceived gaps and public pressure led to the 1918 amendments that broadened liability—adding “attempts,” disloyal language about government, the Constitution, the flag, and interference with bond drives and production—thus sharply expanding the reach of wartime speech prosecutions. (This is an automatically generated summary.)

Originally published: New York: Harcourt, Brace and Howe, 1920