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THB BOUTHIRN I8KAFLITI
Friday, October 14, 1964
fm*
AS WE WERE SAYING by Robert E. Segal
Curb on Group Libel?
(A Seven Arts Feature)
Recent action by the Court of
Appeals for the First District, in
Cincinnati, in ruling unconstitu
tional a Queen City ordinance
outlawing the sale or distribution
of hate literature reminds us that
we have a long way to go in set
tling the group libel issue.
An earlier reminder had oome
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to this observer when Sidney
Schimmel of Los Angeles took
courteous exception to a column
in which it had been stated that
no legal giant had yet devised a
formula for developing a group
libel law that doesn’t do violence
to the First Amendment, cele
brating free speech.
Mr. Schimmel’s anguish over
the conflict in protecting free
dom of speech while seeking a
foolproof guarantee of effective
legal recourse when racists run
wild against a group is shared
by thousands. In other nations
wherein the tradition of Magna
Carta and unadultered free
speech is not so deeply imbedded,
religious, ethnic, and racial
groups have obtained court pro
tection against the nasty words
of demagogues. Thus, Italy bann
ed defamation or insults against
nationality and religious groups
recently. The Jewish community
of Canada, long plagued by anti-
Ratea, Including TV
and mlr-conditioning
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JENNIE GROSSINGER
HAS A FINGER
IN EL AL’S PIE.
In our chopped liver, too. And tlmond tort*.
Abo the beef rouUde. And coq tu Tin. Likewise oar
chow mein. And the potato kniahe*, of course.
Why Jennie Groetingtr? Why did we a»k her to give
at her recipe*, to *ugge»t menus, to tell u* how di*het
thould be prepared, how food should be *erved?
Some question. If you’d ever been to Grossinger s,
you wouldn’t eA. # ,
When it come* to food, Grossinger’s i* only the be*c
Jennie Groaainger made U that way. And the way *he
made Groaainger’*, ahe’s making El Ai
Take Wednesday'*, dinner, for an example, on Flight
242 from New York to Paris. It could go like this:
Chopped etiplant, fttmi. Chicken peprtknth with po
tato kuiel. Endive mind. Apple turnover.
Over a meal like thit you could Unger long and lov
ingly ... and find yourself in Pari* before you’ve fin
ished. (What do jet engine* know from good eating?)
If that should happen, get a napkin from the stew-
artless. What you can’t finish, you can take with you.
Fine and dandy. But suppose you take off njter din
ner, then what? Then have a late snack. A nice corned
I cei sandwich. Or pastrami, maybe. (Standard equip-
rr.t nt on every Ell Al flight.)
Breakfast? Lot and bagel-what else? (No other air
line can make this claim.)
Poes this give you t fair idea of what your appetite
is ■ n against when you travel with us? [311
Not quite. Even now Jennie Grossinger is
cooking up s few tssty surprises for you.
El Al Israel Abttnoa
1602 Washington A
Semites, has for some time been
seeking passage of a law making
incitement of racial hatred a
criminal offense. And England,
bothered by the outrageous anti-
Semitic activities of Colin Jor
dan and other such and also by a
rash of synagogue fires, is stirr
ing to sharpen its new Race Re
lations Act.
In the Cincinnati oase, the
Court branded literature distri
buted by the National States
Rights Party as “ridiculous, ra
ther than ridicule” and went on
to say that the city ordinance
aimed at curbing the circulation
of anti-Jewish and anti-Negro
literature violated the constitu
tional guarantees of speech and
press freedom.
My correspondent, Mr. Schim
mel of Los Angeles, offers one
ingenious approach to the nettle-
some problem. He says: “There is
a keen distinction between the
advocacy of group murder and
freedom to express group libel;
there is a difference between ad
vocating the gassing of my chil
dren and oalling them •kikes’.”
Mr. Schimmel then goes on to
suggest that we reserve the as
surances of the broad First
Amendment while we take a new,
hard look at the Ninth Amend
ment: “The enumeration in the
Constitution of certain rights
shall not be construed to deny or
disparage others retained by the
people.” Voila, says Mr. Schim
mel: ‘I beg leave to advise you
that James Madison, in formu
lating the Ninth Amendment,
had in mind that the first civil
liberty, which is the right to life,
Finnish Jew Heads
UN Political Body
By David Horowitz
UNITED NATIONS (WUP) —
H. E. Max Jakobson, Finland’s
Ambassador to the UN and who
la of Jewish faith, was elected
chairman of the important Spec
ial Political Committee during
the opening of the 21st session
of the General Assembly recent-
ly.
This Committee has inscribed
on its agenda some of the most
vital UN items including the
question of UNWRA involving
the Arab refugees.
Mr Jakobson, who has served
as Ambassador here since April
2, 1965, had previously partici
pated in General Assembly meet
ings since 1959 when he was ap
pointed chief of the Press De
partment of the Finnish Ministry
of Foreign Affairs. Before join
ing the Foreign Service in 1953,
he had worked as a journalist
and correspondent.
Ambassador Jakobson, who was
bom in Viipuri, Finland, in 1923,
is married and has three chil
dren. He has published two
books, one of which has been
translated into English—“The Di
plomacy of the Winter War.”
cannot be abridged or denied by
the First Amendment.” And he
giving this ‘ An tl-Advocacy-of-
Genocide’ bill the same kind con
sideration and thought which you
gave group libel legialatlon.”
He points out further that he
agrees that an earlier New York
group libel proposal, advanced
by Assemblyman Noah Goldstein,
is probably unconstitutional, and
suggests that this same legisla
tor is now sold on the “Anti-Ad
vocacy-of-Genocide” measure.
This proposal would make It a
misdemeanor to advocate pub
licly “either the duty, the nec
essity, or the propriety of com
mitting genocide” and defines
genocide as the destruction in
whole or In part of any ethnic,
racial, or religious group ... or
killing, causing bodily harm to,
illegal confinement of, imposing
measures intended to prevent
birth by, or the forcible transfer
of, members of such group.”
Thus armed with protection in
advocacy against the basic right
to live, Mr. Schimmel, Assem
blyman Goldstein and many oth
ers would naturally feel more
secure and hall a victory.
With complete respect to their
efforts, I would still suggest—and
it is probable there would be
wide agreement with the conclus-
sion — that there remains no
sound legal device to shut off
the utterances and distribution
of group defamation short of
driving a wedge, later to be much
regretted, into the First Amend
ment
For nearly two centuries now
Americans have flourished with
free speech guaranteed. Wisely,
the courts have made it clear
that free speech is not in itself
a touchstone. Careful considera
tion naturally is given to possi
bility of rioting and other vio
lence and to the exigencies of the
day.
We will always be tinkering
with the issue of giving fools the
right to say what their shriveled
souls prompt their tongues to ut
ter. Our present method of hand
ling the problem — cumbersome
though it be—is the best devised
this side of Utopia.
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