Newspaper Page Text
DECEMBER 21, 1957,
THE BULLETIN OF THE CATHOLIC LAYMEN’S ASSOCIATION OF GEORGIA
FIVE-B
TEXT OF BISHOPS' STATMENT OH "CENSORSHIP”
Presented here is the text of the
statement on “Censorship” issued
by the Administrative Board of
the National Catholic Welfare
Conference and adopted at the
annual general meeting of the
Archbishops and Bishops held last
month y: Washington.
* * *
XN.C.W.C. News Service)
WASHINGTON — The follow
ing is the full text of the state-
m e n ■ entitled ‘‘Censorship,” is
sued by the Administrative Board
of the National Catholic Welfare
Conference on behalf of the Card
inals, -Archbishops and Bishops of
the United States, following their
annus,': general meeting here:
CENSORSHIP
Censorship is today a provoca
tive and sometimes misleading
word. It generates controversy by
provoking those who would deny
in fact any restrictions, legal or
moral, upon freedom t>f exp rest
sion. It misleads, since few ap
proach the problems of censor
ship without emotion.
Obviously the State does have
some power of censorship. In
times of wmr or great national
danger, few will deny it a.pre
ventive power. In normal circum
stances, however, the State exer
cises only a punitive function,
placing restraint on those who
misuse liberty to deny equal or
greater rights to others. The
State’s power of censorship is not
unlimited.
Morally, the Church can and
does exercise what is called cen
sorship. This right is hers from
her office as teacher of morals
and guardian of divine truth. Her
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decisions bind her people but her
sanctions upon them are only spi
ritual and moral. She does, never
theless. express her judgments to
all men of good will, soliciting
their reasoned understanding and
their freely given acceptance and
support.
Most commonly in civil affairs
the particular freedom that is
involved in discussions of the
subject is freedom of the press,
not only in newspapers and other
publications, but also such dra
matic expression as is represent
ed in the theater, motion pictures,
radio and television.
Because in modern times the
press has been a major instru
ment in the development of
knowledge and the chief means
of its diffusion, freedom of the
press is closely bound up with
man’s right to knowledge. Man’s
patient plodding ascent to the
heights of truth evidences the
spiritual powers given him by
God and at the same time their
wounding by sin. His search for
truth is an enriching and ennob
ling experience, uniquely proper
to man.
The right to know the truth is
evidently broad and sweeping.
Is the right to express this know
ledge, whether through speech or
press, equally broad? That man
has a right to communicate his
ideas through the spoken or writ
ten word is beyond challenge.
And yet it can be recognized at
the outset that expression adds a
new element to knowledge. Di
rected as it is to others, it is an
act that has social implications.
Society itself must take cogniz
ance of it. Although man must
claim and hold to freedom of ex
pression, he must also recognize
his duty to exercise it with a
sense of responsibility.
This is a freedom that is inti
mately bound up with other free
doms that man prizes. Freedom
of the press is patently a key
safeguard of civil liberty. Democ
racy does not exist without it.
The day free expression of opin
ion is extinguished and all are
constrained to fall into a single
pattern of political thought and
action, democracy has died.
As indispensable as is freedom
of expression to us as citizens, it
is no less indispensible to the
Church in carrying out her mis
sion to preach the gospel. The
content of man’s knowledge of
God derived through the use of
his native powers has been im
measurably enriched and perfect
ed and has been given certainty
by the revelation made by God
to man through Jesus Christ. This
knowledge has been attained not
through man’s effort, but through
the goodness and mercy of God.
It is accepted by an act of faith
made with the help of divine
grace. Of this deposit of revealed
truth the Church is the divinely
appointed custodian.
Without an unfettered means of
i communication, the teaching of
fice of the Church is sorely ham
pered. She counts among her
special blessings in our own
country the important and fruit
ful Catholic press.
Because freedom of the press is
a basic right to be respected and
safeguarded, it must be under
stood and defended not as license,
but as true rational freedom. The
kind of uncritical claims for and
defense of liberty which so often
have been made in our day actu
ally places that liberty in jeopar
dy. For this reason we feel that
light must be thrown not only on
its meaning, but also on its limits.
To speak of limits is to indicate
that freedom of expression is not
an absolute freedom. Not infre
quently it is so presented. It is
alleged that this freedom can suf
fer no curtailment or limitation
without being destroyed. The tra
ditional and sounder understand
ing of freedom, and specifically
freedom of the press is more tem
perate. It recognizes that liberty
has a moral dimension. Man is
true to himself as a free being
when he acts in accord with the
laws of right reason. As a mem
ber of society his liberty is exer
cised within bounds fixed by the
multiple demands of social living.
In the concrete this means that
the common good is to be served.
It will entail, among other things,
a respect for the rights of others,
a regard for public order, and a
positive deference to those hu
man, moral and social values
which are our common Christian
heritage. It is within this context
that freedom of expression is
rightly understood.
This recognition of limitations
has been given statement in re
cent decisions of the Supreme
Court of the United States: ‘‘We
hold that obscenity is not within
the area of constitutionally pro
tected speech or press.” (Roth v.
United States, 77 S. Ct. 1304, Al
berts v. California, 77 S. Ct. 1304
—June 24, 1957). The decisions
touching on this subject are en
couraging to those who have been
deeply concerned over trends that
threatened to destroy the tradi
tional authority exercised by the
State over expressions and dis
plays of obscenity.
Contrary to this trend, the
Court has held that there is such
a thing as obscenity susceptible of
legal determination and demand
ing legal restraint; that laws for
bidding the circulation of ob
scene literature are not as such
in violation of the Constitution^
that the Federal Government may;
ban such publications from the;
mail; that a state may act against
obscene literature and punish
those who sell or advertise itl
The decisions reasserted the tra
ditional conviction that freedom
of expression is exercised within
the defined limits of law. Obscen
ity cannot be permitted as a prop
er exercise of a basic human free-*;
dom. Civil enactments as well as
the moral law both indicate that
the exercise of this freedom can
not be understrained.
Ideally, we could wish that no"
man-made legal restraints were
ever necessary. Thus, restraint on
any human freedom would be;
imposed rather by one’s own rea
son than by external authority.
In any case, restraint’s best just
ification is that it is imposed for;
the sake of a greater freedom.
Since, however, individuals do.
act in an irresponsible way and;
do threaten social and moral-
harm, society must face its re
sponsibility and exercise its' aut,
thority. The exigencies of social;
living demand it. f
In his recent encyclical of Sepfi
tember 8, 1957, our Holy Father;
has spoken not only of the com-:;
pet.ence of public administrators.,
but also of their strict duty to
exercise supervision over the;
more modern media of communi
cation and entertainment — ra-:
dio and television. He warns pub-,
lie officials that they must look;
on this matter not from a merely"
political standpoint -— but alsoi
from that of public morals, the;
sure foundation of which rests
on the natural law. What he has;
said applies with ever greater
force to the older media -— the;
press and motion pictures — since
they have been and continue to;
be subject to even greater abuse;
and supply so much of the ma
terial used in the programs pre-;
sented through the more modern'
media. “Nor can it be asserted,’!;
Pope Pius XII writes, “that this,;
watchful care of the State’s of
ficials is an unfair limitation on;
the liberty of individual citizens
for it is concerned not with the-
private citizens as such but ra
ther with the whole of human so
ciety with whom these arts are
being shared.”
Although civil authority has
the right and duty to exercise
such control over the various me
dia of communication as is nec
essary to safeguard public morals,:
yet civil law, especially in those!-
areas which are constitutionally;:
protected, will define as narrow-:
ly as possible the limitations-
placed on freedom. The one pur-.'
pose which will guide legislators;
in establishing necessary re-”
straints to freedom is the secur
ing of the general welfare,
through the prevention of gravel
and harmful abuse. Our juridical:
system has been dedicated from
the beginning to the principle of
minimal restraint. Those who
may become impatient with the
reluctance of the State through
its laws to curb and curtail hu
man freedom should bear in mind
BEST
CHATTAHOOCHEE
SY. 4-4421
(Continued on Page 8-B)
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