Note 42 — Chapter I · FREEDOM OF SPEECH IN WAR TIME

Cases in note 10; Charge to the Grand Jury of Judge Addison (who was born and educated in the United Kingdom), Addison Ch. (Pa.) 270. Marshall’s Minority Report in opposition to Madison’s is chiefly devoted to establishing an implied power of the government to protect itself against libels. His discussion of the First Amendment, while undoubtedly opposed to my view, is little more than a repetition of Blackstone. The Address of the Minority in the Virginia Legislature, etc. (Library of Congress, Class E 327, Book A 22; extracts in U. S. reply brief in Debs v. U. S.)