Cahn, Outlines Democracy's Moral Ideas; Opposes Group-Libel Laws
Dr. Edmond Cahn, professor of I that Near "had made a business
law at New York University, of publishing a malicious, scanda-
author of several challenging lous, and defamatory newspaper,"
books, has had many interesting and he was enjoined from con-
assignments, including a guest tinuing it as a nuisance. But the
lectureship in the philosophy of United States Supreme Court, on
law at the Hebrew University in an appeal, decided, 5 to 4, in a
Jerusalem, in 1958.
; ruling handed down by the then
His newest book, "The Predica- Chief Justice Hughes, that the
ment of Democratic Man," pub- Minnesota statute and the injunc-
lished by Macmillan (60 5th, tion against Near were uncon-
N. Y. 11), is especially thought- stitutional.
provoking and directs itself at
Chief Justice Hughes conceded
securing an answer to the ques- that Near's accusations were
tion whether it is possible "to live scandalous, "but the theory of the
under a democratic government constitutional guaranty is that
without becoming morally con- even a more serious public evil
taminated."
Would be caused by authority to
His skilful handling of the prevent publication." The false-
question is by means of identify hoods were recognized but the de-
ing the nature and background ; cision held that the community
of moral involvement in wrongs had the right to hear the accusa-
committed by gOvernment; a dem- tions and to determine for itself
onstration of the vicarious guilts the extent of truth or falsity of
and responsibilities which are de- Near's libels.
fined as not too burdensome but
"Thus," writes Cahn, "the
definable and tolerable; and a court majority adhered to the
demonstration of democracy's dy- .classic libertarian assumption
namic incentives which reduce about the common people's good
the weight of responsibilities and sense, practical acumen, and ca-
make democracy's conditions tol- ; pacify to recognize a fraud."
erable and desirable.
Emphatic opposition is ex-
pressed by Cahn to capital
Describing "protest" as "the
main theme of our earthly exis-
punishment, declaring that "the
tence," Cahn, refuting the
best minds of Judaism and
contention that "protest is fee-
Christianity rejected and de-
ble," states: "Though it may
nounced this business of delib-
be permissible to disregard its
erate official killing."
ancient exemplars such as the
There are complications with
Hebrew prophets, Socrates and which governments must reckon,
Jesus, surely no one can fail Cahn states, pointing to the
to notice its thrust and power following:
in the history of every modern
"In the industrial sphere, we
nation."
have often seen combines and
He refers to the principles cartels behaving like feudal ba-
enunciated by Jefferson and Mad- rons. In the political, we have
ison to emphasize his viewpoints, watched the Ku Klux -Klan, the
and to emphasize that "protest is fascist Black Shirts, and the Nazi
democracy's most distinctive Stormtroopers defying law and
mode of evincing responsibility." authority in their respective coun-
Considerable space is devoted tries. When it meets this kind of
to an analysis of the case of J. challenge, a government must
M. Near, who, as publisher of either succumb or assert itself
the Saturday Press, in Minneapo- cogently."
lis, published scurrilous articles
The author outlines collective
about Jews and others and con- and individual responsibilities in
ducted an anti-Semitic campaign. I a democracy and he advocates
The Minnesota Supreme Court Self-Search as specifying the ex-
unanimously decided, when fisting moral guilt in peoples' du-
charges were leveled against him, ties and the aim to limit and
restrict such guilt.
The issue that is currently
drawing the attention of nation-
al Jewish organizations, as to
the desirability of group:libel
laws, finds an echo in Dr.
BNAI MOSHE SYNAGOGUE
Cahn's book. Testing the valid-
Register Now
ity of the existing Illinois
Former Public School Teacher
group-libel law, he suggests
Creative Activities
Music, Art, Literature
the following maxim: "When-
Modern Facilities
ever zealots attempt to advance
P.M. Sessions
Ages 3-5.
civil equality by abridging free-
dom of thought and expression,
$1.50 Per Session
they almost invariably defeat
For Information Contact
and annul their own purpose
Mrs. Tyner — EL 7-2431
. . . They ask not only that we
Mrs. Goldstein — EL 7-2367
restrict freedom of the press
1
but also that we confide our
fates to the unpredictable case-
by-case discretion of particular
judges and juries. They would
have us give every tribunal a
sort of roving commission to
investigate and decide whether
this book, that leaflet, or that
picture insults more than it
informs, informs more than it
insults, or — being extremely
ancient and inaccessible to hoi
polloi—has acquired an imme-
morial license to insult with
impunity."
In his analysis of the prob-
lem, Cahn shows that even the
Hebrew Bible could be barred
Irrigation System
Makes Negev Green
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1
CONGREGATION 1311A1 M OSHE
from circulation under group-libel
law, because it contains passages
showing the depravity of Jews,
that the Gospels, Roman authors
and others would suffer, under
such legislation.
In his advocacy of Self-Search,
Cahn, outlining the demo-
cratic process as delineated by
Thomas Jefferson, states that
when it is "true to itself, it not
only derives the just powers of
government from the consent of
the governed, as he wrote in the
Declaration of Independence; it
also draws on the governed and
their consent to warrant the just
applications and exercises of the
powers. On these terms, law. gov-
ernment, and official compulsion
are provided with an unexcep-
tionable moral basis."
"The Predicament of Demo-
cratic Man" thus emerges as a
powerful guide in defense of the
moral bases of democracy.
Cahn has produced a powerful
weapon for his theme with his
excellent book.
This Friday Night
September 14
Irrigation is one of the most
decisive elements financed by
Israeli Bonds in Israel's effort
to push the desert back. (Top)
Giant pre-stressed concrete
pipes are made at the Yuval
Gad plant for use in irriga-
tion lines. (Center) Pipe-
lines that will carry water
from the Jordan River to the
Negev are laid in place. (Bot-
tom) A typical Negev desert
spot which has been convert-
ed into an experimental grove
of citrus trees. So far, over
100,000 acres of wasteland
have been reclaimed through
irrigation, and have helped
Israel's agricultural produc-
tion meet more than '70% of
her domestic food require-
ments.
Israel Purifies Steel
An Israeli kibbutz, Sha'ar
Ha'amakim, has set up a new
plant to rust-proof low-carbon
steel surfaces by a British
process. The new process will
save Israel large sums of
money, since stainless steel is
about five times as expensive
as low-carbon steel. With Israel
Bond capital to aid them Israeli
•metallurgists are speeding plans
for mass production of the
rust - proof low - carbon steel.
Thus a variety of household
goods, building fixtures, medi-
cal, hospital and industrial
equipment, which must be cor-
rosion-proof and which hitherto
has been made from costly
stainless steel, will emerge
from the new plant at Sha'ar
Ha-amakim.
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Dr. Leon Fram
Rabbi M. Robert Syme
Officiating
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