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Toby Terrar, "The
Religious Ethic in the History of American Free Press Philosophy, The
Prohibition of Journalistic Racism and the New World Information Order."
This article originally appeared in Southern University Law Review
(Baton Rouge), vol. 17 (Spring 1990), pp. 81-101.
INTRODUCTION.
This article is about that part of the American tradition which has prohibited
the dissemination of racism in the press and the philosophy behind that
prohibition. It is suggested here that the philosophy behind the prohibition is
derived in large measure from the religious ethic of being your brother's
keeper. Especially during the cold war period, the commercial press, textbooks
and schools of journalism have tended to engage in a type of censorship about
the nature of America's anti-racist free press tradition.
With the cold war over, it is
possible to be more objective. The New World Information Order (NWIO) and its
embodiment in the International Principles of Professional Ethics in Journalism
(1983), in prohibiting the dissemination of racism, has roots in the American
tradition. Among the journalists and publishers associations which have opposed
the NWIO in the recent past were those with a religious connection, such as the
American Catholic Press Association and the Associated (Protestant) Press.
These organizations, because of their sensitivity to the religious ethic, can
now become a light for the broader population in supporting the NWIO and the
International Principles.
The plan of presentation will be to
discuss examples of America's religiously based, anti-racist press tradition.
Then will follow an examination of the relation between the NWIO and this
tradition.
COLD
WAR FREE PRESS PHILOSOPHY AND THE DISTORTION OF THE EARLY AMERICAN RELIGIOUS
ETHIC. In the aftermath of World War II, there was a favorable shift in the
balance of world power toward the developing nations, trade unions, people of
color and women. Cold war forces at the same time worked to overthrow
democratic governments, as in Iran (1953) and Guatemala (1954). They made war
on progressive trade unions, universities, newspapers, radios and churches. The
period produced a version of American history and a philosophy which omitted as
a category of analysis, the ethic against dissemination of racism as a category
of analysis. This was part of a broader ideology that tended to pit America
against popular liberation struggle throughout the world.
Leonard
Levy and Daniel Boorstein were scholars in the period and are illustrative
those who downplayed the category of race.[1]
After the publication in 1960 of his Legacy of
Suppression: Freedom of Speech and Press in Early American History,
Levy's views on the nature and origins of American free press philosophy had wide circulation.[2]
Textbooks, scholarly articles and even the United States Supreme Court cited
his conclusions. The author of a survey in the journal, Journalism
History stated: "Legacy has generated
about as much scholarship as any work in recent memory."[3]
Levy commented in 1981 that a motive for his writing about the press was the
"totalitarian" threat.[4]
In
tracing the origin of America's press philosophy, Levy chose as a focus of his
analysis, the conflict in the 1750s between the Quaker (Pennsylvania Assembly)
party and the Proprietary party and its leader, William Smith (1727-1803). The
Quaker party jailed Smith for using the press to teach racial hatred. The Seven
Years War was in progress and Smith wanted the Quaker Assembly to fund an army
against the Indians. While the illegality of advocating racism and aggression
was the issue in the case, this was left out in Levy's analysis. The distortion
was not unlike American foreign policy, as the following examination will
reveal.[5]
Quaker
press philosophy against racism arose from the religious ethic about being your
brother's keeper. John Woolman (1720-1772) described the belief:
To consider mankind
otherwise than brethren, to think favors are peculiar to one nation and exclude
others, plainly supposes a darkness in the understanding. To conclude a people
perverse and worse by nature than others, excites a behavior toward them
unbecoming the excellence of true religion.[6]
The press was seen as having a function
in educating people to the ideals of good citizenship and against racism and
war. Many Quakers, as good citizens, took up journalism and pamphletering as a
second vocation. Gary Nash, an historian of the Quaker press, writes of John
Smith's contribution:
The literacy rate
was higher in colonial America. . . Lengthy pamphlets were often distributed
gratis. Half of the 1000 copies of John Smith's Doctrine
of Christianity, a Quaker plea for noninvolvement in war, were
distributed free in 1748, so "that it might have the more universal
influence over the Province."[7]
During
the colonial period Indians were sometimes defrauded, enslaved and even killed as
a result of war-making instigated and financed by London and European
profit-seeking policy makers. This included Queen Ann's War (1701-1713), King
George's War (1740s) and the Seven Years War (1755-1763). If the press in
England and the colonies during these wars tended toward war-mongering and
racism, a tool for aggression, this was seldom the case in Pennsylvania.[8]
When the proprietary press did engage in racism, steps were taken to halt it.
Smith
was an Anglican clergyman and proprietary leader. He published several
newspaper articles and pamphlets, including A Brief State
of the Province of Pennsylvania (1755), accusing the Quakers of treason,
warned of imminent danger from the Indians if the Quaker party was not
dismantled, and suggested barring Quakers from office and even from voting.[9]
Smith's journalism engaged in censorship. It hid the truth about the Indian
point of view. The Delawares, some of whom were Christian, including their
chief, Teedyuscung, a Moravian, wanted peace. Smith himself complained that the
Indians were continually attending Quaker meetings, praying and worshipping
with the Quakers and entertained in Quaker homes. The Indians were negotiating
for funding so that the Presbyterian Charles Thomson, who was a part-time
minister and school teacher in one of their villages, could become permanent.
They called him "man of truth," because he he treated them with
justice.[10]
The assembly brought a libel suit against Smith in 1758, convicted him, and
incarcerated him for three months.
For
being incarcerated, Levy counts Smith a freedom fighter, a principled hero of
press freedom. Levy's account starts with Smith's trial and omits discussion of
the Quaker religious ethic, their press philosophy, and the racial context and
reason underlying the libel charges against Smith. In Levy's analysis, Smith
was an "extremely influential person, who thought it was his duty to 'keep
the Dutch press as free as any other in the province'" and who
"proved his mettle" by attacking the assembly in a series of articles
while still in jail.[11]
The following, which begins with a quote from Smith, illustrates how Levy
censors race out of free press philosophy:
"There is
nothing the Law of England is more tender about than the Freedom of the Press,
Knowing it to be the great Bulwark of all other freedom." Smith then
launched into a pastiche from Cato's Letters,
starting with an extract from Number 15, "Of Freedom of Speech." In
his third essay Smith condemned the legislature's "uncommon endeavors,
used for a number of years past, to overawe the Press,
and to vilify and intimidate the advocates for impartial Enquiry."[12]
From the Indian and Quaker perspective,
the government interference with William Smith's racial censorship was part of
a legacy of press freedom, a service to Indian citizens. It contributed to
protecting their life and property.
In
many areas Indians composed thirty-five percent or more of the colonial
population. They had a history of press freedom. Their libertarians were
Indians like James the Printer, who reduced the native American languages to
writing and published works in them; the citizens of the Five Indian Nations
for whom free speech and debate were among the basic principles of government;[13]
the Indians who established and funded schools for teaching literacy; and those
who worked for the abolition of war and racism, the main enemies of press
freedom.[14]
For
Levy, the press philosophy of the Indians and Quakers was a legacy of
suppression. The freedom fighters became tyrants while the exploitative and
aggressive were free press martyrs. In cold war terms, the legacy of
suppression is not that the native race was robbed and killed, but that
occasionally the disseminators of racism and war-mongering racists were
inhibited by popular government.
AFRO-AMERICAN
PRESS FREEDOM CONSTITUTED BY THE RELIGIOUS ETHIC. Like the Quaker press
philosophy in the 1750s, the history of the Afro-American press teaches that
press freedom is defended and expanded through the ethic of being your
brother's keeper. Frederick Douglass (1818-1895) was typical in his motive for
being a journalist: "Everyone of us should be ashamed to consider himself
free while his brother is a slave."[15]
The
religious ethic did not mean the press could be neutral or detached from racial
justice, but that it had to be dependent upon and constituted by racial
justice. Afro press freedom flourished only with the advance that resulted in
emancipation in the 1860s. By 1890 there had grown up 200 Afro newspapers and
by 1920, 500.[16]
Irving
Penn studied the 24 Afro-American pre-Civil War newspapers.[17]
They generally had religious connections and reflected the religious ethic in
their advocacy against racism.[18]
Their titles were expressive of their non-neutrality toward racial injustice: Rights For All, Mirror Of Liberty,
Genius Of Freedom, Alienated
American, Ram's Horn, Elevator. The philosophy of the Freedman's
Journal, which was started by an Afro cleric, was stated in an editorial on March 30, 1827:
The law of God
requires that all provision should be made by law which the public welfare will
admit, for the protection and improvement of colored subjects, as well as white
subjects. And this has not been done. We must show that their rights are
acknowledged, their protection secured and their welfare promoted.[19]
To
the limited extent it "interfered" with the Southern slavocracy press
and its Copperhead (Democratic party) counterpart in the North, the Abraham
Lincoln administration contributed to, it did not lessen the free press
heritage.[20] It was the
racist press which engaged in censorship. It hid the truth about Afro-American
organizations and culture. The upholders of press freedom were the armies of
Butler in New Orleans, Grant in Mississippi, Sherman in Georgia and newspapers
such as the Afro-American Raleigh Independent. Its
motto was "Neutral in Nothing."[21]
Illustrative
of censorship by the racist press in the slavery era was the Democratic party's
New York World. It campaigned to have publisher
Frederick Douglass exiled to Canada and to close down his North Star Review (1847-1860).[22]
The North Star defended the Republican party and
the containment of slavery. The Democratic party did close down the Telegraphy in Alton, Illinois -- three times. It killed the
editor, Rev. Elijah Lovejoy in 1837, when he struggled against the fourth
attempt to close it down.[23]
An
early twentieth-century historian noted the censorship that existed toward the
Afro-American press during that period:
Newspapers like the Defender are cordially execrated among white men in the
South. An article in the Defender was held
responsible for the riot in Longview, Texas. Governor Charles Brought of
Arkansas said he believed the Crisis and Defender were responsible for the Arkansas riots and
announced his intention of asking the Postmaster-General to exclude them from
the mails. . . A correspondent in Arkansas wrote that "in the present
state of mind of the white people of Phillip County, any Negro is as good as
dead if he be even suspected of writing for a Northern Negro publication".
. . Another correspondent noted: "We here in the South are not allowed to
sell Northern Negro newspapers. We have to slip the paper into the hands of our
friends. Every public school teacher is closely watched, also the Negro
preacher.[24]
The
Associated Press (AP), cloaking itself under the mantle of professional
objectivity, has often since its inception been a disseminator of racial
censorship. Early complaints about it not covering Afro-American leaders, demonstrations
and struggles were made in editorials, such as that published in the Wichita Protest in 1919:
Every newspaper
editor of our (Afro) group in the country knows that the Associated Press, the
leading news distributing service of the country, has carried on a policy of
discrimination in favor of the whites and against the blacks, and is doing it
daily now. The Associated Negro Press is in receipt of correspondence from
editors in various sections of the country decrying the way in which the AP
writes its stories of happenings where colored people are affected.[25]
The AP censored the civil rights
struggles of the 1960s. Afro-Americans would testify that they were prohibited
from voting, and then southern officials would be quoted as saying the
Afro-American statements were untrue. Quoting both sides without digging deeper
to ascertain the truth was not objective reporting and was frequently the norm.[26]
To the present day there is an absence of AP and commercial journalism
reporting on Afro and other nationalities, except to picture them negatively as
associated with drugs, crime and other sensationalism. No plan or program is
offered for bringing racial betterment.
Against
such censorship press freedom has existed only where journalists, refusing to
reflect or be neutral toward reality, worked like a hammer of racial justice to
make reality. A scholar has noted concerning press freedom in the period of Jim
Crow:
Instead of merely
reflecting "life" the Negro newspapers, in setting themes for
discussion and suggesting the foci of attention, helps powerfully to create
that life.[27]
THE
RELIGIOUS ETHIC IN THE PRESENT DAY UNITED STATES. Some writers during
the past period used a double standard in evaluating free press philosophy. While
accepting the ethic of being your brother's keeper as a consideration for
contemporary America, they taught that those in the developing and socialist
nations should be neutral to the dissemination of racism. Leonard Levy's
standard was typical of race neutrality: "So long as the press may be
subjected to government control, the press cannot be free - or is not as free
as it should be."[28]
Elisha Hanson, legal council to the American Publishers Association in 1951
attacked the developing and socialist nations for seeking to prohibit the
dissemination of racism in their nations. Hanson stated that advocacy in the
United Nations for anti-racist legislation was "the ultimate in hostile
action against the right of American people to enjoy free speech and to have a
free press."[29] Similar
were the views of William Flemming and Leonard Theberge, officers of the
American Bar Association, and its international communications committee.
Flemming commented: "We should be eternally vigilant against attempts to
check the expression of opinion that we loathe and believe to be frought with
death."[30]
To
their credit, most cold warriors voiced no objections to intervention in the
U.S. against the dissemination of racial hatred. Such intervention included
laws that prohibited the publication of racist and anti-semitic ideas, as in
newspaper ads ("only whites need apply," "churches nearby,"
"no Irish hired"). The cold warriors went along with the Supreme
Court, which confirmed, as in Beauharnais v. Illinois,
343 US 250 (1952), the state codes that prohibited the publication of false or
malicious defamation of racial and religious groups.[31]
These embodied the philosophy that being your brother's keeper required active
government intervention to combat America's long history of racial murders,
lynchings, assaults, forced sterilizations, interference with economic and
political rights - including interference with the press freedom of nationality
groups. The Supreme Court itself acknowledged that these defamation laws
reduced racism and were no threat to but rather an aid in expanding nationality
press freedom.
One
did not hear from the American Publishers Association any claim that America's
free press philosophy was violated by the Nuremberg Tribunal's execution of
Nazis like Julius Streicher. Although he took no administrative or military
part in war crimes, Streicher's anti-semitic propaganda was judged to have
"incited murder and extermination."[32]
The prosecution emphasized that Nazi propaganda for racism, anti-semitism and
war-mongering did not lose out in the free market place of ideas. Nazism almost
conquered the world and took 50 million lives to put down. Even during the cold
war it dominated in nations like South Africa and Chile. The US legislation,
under which the Nazi propaganda was suppressed, was still part of the United
States Army Field Manual:
The belligerent
occupant may establish censorship of the press, radio, theater, and motion
pictures, of correspondence, and of all other means of communication. It may
prohibit entirely the publication of newspapers or prescribe regulations for
their publication and circulation.[33]
In
present day America, the racially "neutral," "no government
interference" standard is not dominant. Rather, the legislatures and
courts continue the traditional ethic in looking to freedom and responsibility,
social utility, the balancing of social interests and the power to protect the
public health, safety, national defense and moral well-being.[34]
William Livingston (1723-1790), a member of the Constitutional Convention noted
concerning the religious ethic: "Liberty of the press means promoting the
common good of society, it does not mean unrestraint in writing."[35]
The philosophy of being your brother's keeper, as expressed in Augustine,
Aquinas and Calvin had always set government, society and the press's goal as
the common good, peace, security and protection of life, health, family
relations and good name. Government press regulation was not seen as
counterposed to but a support of press freedom. The cold warriors did not
suggest otherwise. Only against the developing nations was the double standard
raised.
Frederick
Schauer in Free Speech: a Philosophical Inquiry
(1982) associates majority rule and government regulation with threatening the
press's right to freely make a profit.[36]
He makes no mention that the U.S. commercial press depends for its existence on
majority enacted government regulations, such as corporation laws which shield
owners from personal financial liability and allow them to raise and preserve
capital. Through inheritance laws, the government allows them to pass newspaper
ownership to their heirs. They are helped through newspaper mailing privileges
and postal subsidies that go back to the Quakers and Benjamin Franklin's Pennsylvania Gazette in the 1700s.[37]
The commercial press would go out of business but for court regulated
contracts, finance, labor and banking laws, and the awarding of compensation
for tortious acts. Government regulations provide for police, fire, military
and sanitation services which preserve press property from theft, fire and
foreign invasion. Schauer mentions his concern about the
"totalitarian" problem, but downplays the totalitarian dependence of
the commercial press upon the American people and their government.
THE
COMPATIBILITY OF THE RELIGIOUS ETHIC WITH THE NWIO AND THE INTERNATIONAL
PRINCIPLES OF PROFESSIONAL ETHICS IN JOURNALISM. The NWIO and the
International Principles of Professional Ethics in Journalism are compatible
with and embody the religious ethic.[38]
With the cold war over, what is needed is more interest in "original
intent" - the intent of the early Americans, not that of the present day
commercial press; and more interest in the free market place of ideas - the
uncensored version of early American press philosophy. The International
Principles and the NWIO are "new" in some parts of the world; in the
United States they are a heritage.
The
first of the International Principles rephrases American revolutionary William
Livingston: press freedom is the people's, not the press owner's and
advertiser's, right. Principle III flows from this and embodies the religious
ethic:
Information in
journalism is understood as social good and not as a commodity, which means
that the journalist shares responsibility for the information transmitted and
is thus accountable not only to those controlling the media but ultimately to
the public at large.
The social responsibilities which
Principle VIII and IX set forth prohibit the dissemination of racism:
The journalist must
stand for the universal values of humanism, above all peace, democracy, human
rights, social progress and national liberation. . . The journalist must
abstain from any justification from, or incitement to, wars of aggression and
the arms race, especially in nuclear weapons, and all other forms of violence,
hatred or discrimination, especially racialism and apartheid, colonialism and
neo-colonialism, as well as other great evils which affect humanity, such as
poverty, malnutrition and diseases.
Principle
IV establishes a guard against editorial neutrality toward racism by mandating
editorial democracy. This means membership by people of color, the public and
working journalists on newspaper boards of directors and editorial boards --a
racial justice affirmative action program from top to bottom, including
ownership of the press. It requires, as was the case with the Quaker and Afro
press, and is the case in some socialist and developing nations, making perhaps
half of newspaper space available for citizen journalists, rather than for
advertisers. The Soviet press is illustrative of those whose daily circulation
outstrips that of the U.S.: 116 million Soviet copies (422 per 1000 population)
to 63 million U.S. copies (268 per 1000 population).[39]
The commercial press is not competitive in gaining readership and popular
support. This is because it is not responsive to popular needs, such as racial
justice. Principle IV forces the U.S. press to become competitive.
The
NWIO implements the United Nations' Charter mandate against colonialism, racism
and foreign interference via the media in the internal affairs of sovereign
nations. American laws prohibit racist ideas in the media. When the developing
nations enact similar laws, as in the NWIO, they should be congratulated, not
attacked as violators of press freedom.[40]
In
one version of the NWIO, the developing nations propose to set regulations for
the four major multi-national news agency conglomerates that account for 85
percent of the international news circulated. These regulations would make the
news agencies be responsive to the ethic of being your brother's keeper. The
press would serve as a full constructive element in national and international
programs of education, family planning, agriculture and industrialization. It
would work to eradicate illiteracy, poverty and war. This is the American
tradition of press freedom. The news agency censorship that undermines the
cultural heritage of national states, that impedes their independent
development, that disorients the public and that prevents them from
establishing their own information service is not in the American tradition.
Many
in the developing nations and in the United States voice disapproval of the
commercial press for diverting the attention of their people from acute social
and political problems by disseminating racism, national hatred and chauvinism,
and by dealing in sensationalism, pornography, scandal and compromising
"facts" from the lives of famous people. In the view of some in the
developing nations, the news agencies have been the apparatus for organizing
biased information that meets the political, military and economic interests of
the rich. During the cold war the NWIO was opposed more because it favored the
people, than because it involved government interference. It strengthened
public and governmental news agencies, and it established a federation of state
news agencies that was not dependent on the private sector for their
international news sources.
CONCLUSION.
The religious ethic, in its prohibition of racism, has had a positive role in
the history of the American press. The diversity of American nationality groups
have been better able to each contribute via the press to enriching the
country. Between 1987 and 1991 the United States is celebrating the
bicentennial of the Constitution and First Amendment press freedom. Those who
have the most to celebrate are those in the coalition working for the ethic of
being your brother's keeper. This philosophy is embodied in the public radio
and television system, the nationality, trade union, church and other
non-commercial presses, the campaign for the readmission of the U.S. to UNESCO
and for the progress of the NWIO in the U.S. This coalition advanced press
freedom in gaining the U.S. Senate approval in 1986 of the U.N. Genocide
Convention, which includes a prohibition on genocidal propaganda.
Perhaps the bicentennial can be a
time when organizations like the American Catholic Press Association (ACPA),
the American Jewish Press Association, the Associated (Protestant) Church
Press, the Evangelical Press Association, the Southern Baptist Press
Association, the National Association of Hispanic Journalists and the National
Association of Black Journalists will reconsider their opposition to the
International Principles of Professional Ethics in Journalism. These
organizations and the churches and temples whose policy they reflect and help
create, have a strong psychological impact upon millions of people who look to
them for information and guidance in determining the nature of principled
journalism. These press organizations through the National Council of Churches
and the National Conference of Catholic Bishops, help establish federal
government policy.
Marvin Olasky, a Protestant journalism
professor, recently published a study of American press philosophy. He found
that during the last two-thirds of the nineteenth century and up to the
present, the American commercial press set aside the biblical principles, such
as racial justice, on which the press has been founded. This was because it
(the "prodigal press") substituted in large measure the sale (and
outlook) of advertising in place of revenue from and service to subscribers.[41]
In terms of International Principle III, commercial journalism became a
commodity mainly to make profits for the media owner and advertiser. Only
monopolists (in Olasky's language, "Behemoths") survive. Many presses
put racial justice and other principles above profit and were not supported by
advertisers.[42]
Such has been the censorship of the
commercial media during the cold war, that Olasky concludes his book by himself
rejecting the religious ethic. In its place he follows the idea that press
freedom means freedom to make a profit. Monopolists like Henry Luce and William
Hearst are held up for emulation.[43]
Rejecting St Paul and Calvin, Olasky counterposes freedom and government. He
uses original sin and the Fall as justification for individualism and cynicism
about the political system, which sometimes results in people staying home from
the polls or voting their narrow self-interests or giving up on the press. For
Olasky, the religious ethic brings stagnation, while "the private
enterprise system always escapes from stagnation, as new challenges
arise."[44] In cold war
terms, the stagnant, racially neutral monopoly press becomes the defender of
"biblical principles."[45]
Olasky, like Schauer and the
commercial press, talk highly of Oliver Wendell Holmes, Felix Frankfurter and
their "free market place of ideas" press philosophy.[46]
The racial hypocrisy of the market place theory was condemned by the National
Association for the Advancement of Colored People and William E. DuBois at the
time Holmes first wrote about it in 1919. The NAACP was demanding the banning
of the film Birth of a Nation. This film appeared
when the legalization and institutionalization of Jim Crow was dominant and
when the disfranchisement of the Afro-American masses of the South was
accomplished. Vile in its racism, it was shown to tens of millions of people
during and after World War I and played a part in the slaughter of
Afro-American citizens in Tulsa, Washington, D.C., East St. Louis, Chicago,
Texas, Arkansas and Georgia. For Holmes and Schauer, the free market place of
ideas does not reflect a faith that truth will be found there. They are
skeptics, agnostics and cynics, with a low regard for science and progress.[47]
To the extent the free market philosophy controls it, the press is not to
liberate from racial oppression. The free market idea has sometimes been an
obstacle to racial justice. It has served to obviscate and justify the fact
that only for its owners is the press "free". The owners have
monopolized and censored the press market place with their race neutrality in
seeking to maximize profit.
The American Catholic Press
Association is a member of the International Catholic Union of the Press
(ICUP), which was established in 1926 and is headquartered in Geneva. The ICUP
was one of eight international press organizations that formulated the International
Principles of Professional Ethics in Journalism. The Latin-American Federation
of Press Workers, Latin American Federation of Journalists, Confederation of
Asian Journalists and the Union of African Journalists also contributed. Each
has a substantial Catholic membership. The American Catholic press has a
history of defending the religious ethic, as in 1917 when the Freeman's Journal and Catholic Register (New York), was
shut down by the government because it advocated liberation of Ireland from
English racism. It printed an opinion by Thomas Jefferson that Ireland should
be a republic.[48]
In February 1989 the Pontifical
Commission for Justice and Peace, under the leadership of Cardinal Roger
Etchegaray issued a declaration that reflects the International Principles of
Professional Ethics in Journalism. Titled The Church and
Racism: Towards a More Fraternal Society, it directed Catholics to fight
racism, anti-semitism, apartheid and national chauvinism through prayer and deeds,
including legislative action. Most of the world's 800 million Catholics are
people of color, living in the developing nations of Asia, Africa and South
America. They are part of the impetus behind the NWIO and the International
Principles. They have not suffered from the censored cold war version of press
philosophy. American Catholics can draw upon their international co-religious
for support in encouraging the American Catholic Press Association to conform
to the religious ethic and the international norm.
If God had not invented the
religious ethic, the people would have had to do it on their own. Science,
reason and the nature of human existence require it. Thus the ethic of being
your brother's keeper at the heart of communist morality is there not because
of religion, but because the ethic reflects the truth. In the recent past, some
religious believers have been disoriented in rejecting God's wish for them to
be their brother's keeper, at least when it came to the press. The study of
history teaches that Americans have always had a right and duty to make their
press reflect the religous ethic. The NWIO and the International Priciples, in
working against the censorship of racism in the press is the ethic mentioned by
John Brown (1800-1895) translated into journalistic terms. Present day
believers faced with the happy challenge of no more cold war can take courage
and vision from Brown 's being "yet too young," even as he was on
trial for his life, to learn that religion had nothing to say about racism:
This court
acknowledges, too, as I suppose, the validity of the law of God. I see a book
kissed, which I suppose to be the Bible, or at least the Mew Testament, which
teaches me that all things whatsoever I would that men should do to me, I shoud
do even so to them (Luke 6:3). It teaches me further to remember them that are
in bonds as bound with them (Hebrews 6:3). I endeavored to act up to that
instruction. I say I am yet too young to understand that God is any respecter
of persons (Acts 10:34). I believe that to have interfered as I have done, as I
have always freely admitted I have done in behalf of His despised poor, is no
wrong but right.[49]
[1]Daniel Boorstein, The Americans: The Colonial Experience (New York: Random
House, 1958), p. 57. Francis Jennings, Empire of Fortune:
Crown, Colonies and Tribes in the Seven Years War in America (New York:
Norton, 1988), p. 480, commented on a nineteenth-century predecessor of the
cold warriors:
Francis Parkman was
a liar. He fabricated documents, misquoted others, pretended to use his great
collection of sources when he really relied almost entirely on a small set of
nasty biased secondary works, and did it all in order to support an ideology of
divisiveness and hate based on racism, bigotry, misogyny, authoritarianism and
chauvinism, and upper-class arrogance. I do not subscribe to the view that
objectivity requires a blandly even handed discussion of the villain and his
victim in the same polite terms: a murder is not just a person who was present
when another person died. Let me recall the scene in Charlie Chaplain's film The Great Dictator in which dictator Hinkel screams and
froths in a violent diatribe against "die Juden! die
Juden !! DIE JUDEN !!!" His radio commentator interprets this
maniacal outburst into one English sentence: "Die Fuehrer referred to the
Jews." This is not objectivity.
[2]Leonard Levy, Legacy of Suppression: Freedom of Speech and Press in Early
American History (Cambridge, Mass.: Harvard University Press, 1960).
[3]Terry Hyner,
"Survey," Journalism History, 7 (1981),
114.
[4]Ibid., pp. 99, 103.
[5]An objective discussion of
the case can be found in the writings of historians Gary Nash, Robert Daiutolo
and Francis Jennings. Nash's treatment of the conflict starts off by showing
how Quaker religious philosophy in the colonial period tended to require
service to the public welfare, not to William Penn and the English capitalists
who financed Pennsylvania. Nash, The Urban Crucible:
Social Change, Political Consciousness and the Origins of the American
Revolution (Cambridge: Harvard University Press, 1979), p. 95, writes:
Quaker leader David
Lloyd issued the call that government must exist not as an extension of
proprietary authority but as the instrument of the people's will. This, of
course, had been the axiom of those who struggled against Penn's prerogatives
from the very beginning.
Indians were people and their interests
were generally served by the Quakers. As Nash, Red, White
and Black: The Peoples of Early America (Englewood Cliffs, N.J.:
Prentice Hall, 1974, 2nd ed., 1982), p. 95, puts it:
Quakerism was
dedicated to the principle of nonviolence and just relations among people of
all religions and races. . . Interracial relations in the Delaware River Valley
stood in sharp contrast to other parts of North America.
[6]John Woolman, The Journal and Major Essays of John Woolman, ed.
Phillips Moulton (New York: Oxford University Press, 1971), p. 202.
[7]Nash, The
Urban Crucible. . ., p. 200. Philadelphia's non-Quaker press tended to
follow the Quaker example in educating against racism and war. Nash, Ibid., p. 230, observes:
In 1740, when the
proprietary party made its first concerted effort to challenge the Quaker
party, the most important German printer in the colony convinced most of the
Germans that "there was a (proprietary) Design to enslave them: to force
their young Men to be Soldiers, make them serve as Pioneers, and to go down to
work upon our Fortifications." The Proprietary party's attempt to split
the German vote failed miserably in Philadelphia county as the Germans
"came down in shoals and carried all before them."
[8]The minority proprietary
party controlled Pennsylvania's appointive offices (governor, judiciary,
council). However, the Quakers set policy, including press philosophy, as they
controlled the popularly elected assembly. This meant white and Indian
generally lived side by side in relative harmony. Unjust business relations and
war-mongering were suppressed.
At
the start of the Seven Years War in 1755, the British army, led by Edward
Braddock (1695-1755), was defeated by Indians in Western Pennsylvania. The
Indians then went after backwoods Scots-Irish and Germans "to settle the
score of their encroachment," as Nash, Red, White
and Black. . ., p. 250 puts it. Nash, Ibid.,
p. 252 comments: "Quakers believed the Scots-Irish frontiersmen were only
reaping what they had sowed through years of abusing and defrauding
Indians." The fraud of Thomas and John Penn, both of whom had given up the
Quaker religion, is discussed by Francis Jennings, The
Ambiguous Iroquois Empire: The Covenant Chain Confederation of Indian Tribes
with English Colonies from its Beginnings to the Lancaster Treaty of 1744
(New York: W. W. Norton, 1984), pp. 325-346, and Robert Daiutolo, "The Role
of the Quakers in Indian Affairs During the French and Indian Wars," Quaker History, 77 (1988) 19. To pay off their debts,
Thomas and John Penn in 1737 robbed the Delaware Indians of their lands on the
Delaware River by the device known as the Walking Purchase. Afterwards
proprietary officials like William Allen Jr. made a fortune in land speculation
in that region.
The
Quaker-dominated Pennsylvania assembly sided with the Indians, believing them
engaged in a just war of self-defense. It refused any allocation of funds to
raise an army against the Indians or to allow the Philadelphia proprietary
press to war-monger. Instead, as Daiutolo, "The Role of the Quakers in
Indian Affairs During the French and Indian Wars. . ., p. 17 points out, an
annual 2000 pound sterling subscription was raised by the Quakers, Mennonites
and New Light Presbyterians to indemnify the Indians for the land fraud done
against them by the whites in Western Pennsylvania. An agent was also sent to
London to have the proprietor ousted because of the fraud. The William Smith
case arose when the proprietary party was trying to make the assembly alter its
no-army position.
[9]Nash, The
Urban Crucible. . ., p. 268; William Smith, A
Brief State of the Province of Pennsylvania (London: R. Griffiths,
1755); Peter C. Hoffer, "Law and Liberty: In the Matter of Provost William
Smith of Philadelphia, 1758," William and Mary
Quarterly (October 1981), 681-701. A Benjamin Franklin ally, as quoted
in Nash, The Urban Crucible. . ., p. 269,
described Smith's "fear-mongering, deception, innuendo and
scurrility" as "the vomitings of this infamous Hireling. . . [which]
betoken that Redundancy of Rancor, and Rotteness of Hart, which renders him the
most despicable of his Species." Benjamin Franklin was the hero and leader
of Philadelphia's artisan class. He founded a volunteer citizens militia that
answered defense needs, cost no taxes and killed no Indians. Franklin's great
popularity carried many Anglicans away from the proprietary party and caused a
schism in the church, since he was inveterately opposed by Smith.
[10]Daiutolo, "The Role of
the Quakers in Indian Affairs During the French and Indian Wars. . ., pp. 9.
20.
[11]Leonard Levy, Emergence of a Free Press (New York: Oxford University
Press, 1985), pp. 52, 55-56.
[12]Ibid., p. 56. According to Levy,
Ibid., pp. 53-54, 56, the Quaker assembly
represented a "tyranny," a "Stuart despot," a "Star
Chamber" which conducted a "mock trial before a kangaroo court,
acting as accuser, judge and jury," "a Wonderland of the Knave of
Hearts for stealing the tarts - the sentence 'Off with his head!' preceded both
trial and verdict," and a violation of "due process, Magna Carta and
the Habeas Corpus Act of 1679." Levy condemns Benjamin Franklin who was
the assembly's special agent in London at the time. Franklin, among other
things a journalist, wrote a refutation to every point of Smith's appeal to the
Privy Council. Levy, Ibid., p. 57, relates:
Franklin declared
Smith "had suffered not at all by the Censure of the House for publishing
a Libel, he having been long considered as a common Scribbler of Libels against
Publick Bodies." And he argued that no appeal could be taken from the
judgment of the assembly. Thus spoke America's foremost printer and reputed
champion of freedom of the press. He was not just doing his job. He believed in
the position he represented.
The
Privy Council, which reversed the assembly, acted justly, in Levy's view. But
as Levy complains, the assembly saw itself as inferior to no one, and ignored
the Privy Council.
[13]Carol L. Bagley,
"Iroquois Contributions to Modern Democracy and Communism," American Indian Culture and Research Journal, 7 (no. 2,
1983), pp. 53-72; Cadwallder Colden, The History of the
Five Indian Nations (New York: AMS Press, 1927,1973).
[14]Isaiah Thomas, The History of Printing in America (New York:
Weathervane Press, 1970); James Murphy, Let My People
Know: American Indian Journalism (Norman: University of Oklahoma Press,
1981); James P. Danky, Native American Periodicals and
Newspapers (Westport: Greenwood, 1984).
[15]Philip Foner, Frederick Douglass: A Biography (New York: Citadel,
1969), p. 95. Douglass's journalism career had a religious connection, the
bible, from the start. As soon as he taught himself to read, he began to
instruct his fellow slaves on how to read the bible in Sunday school. Literacy
was considered as directly linked to the emancipation of the race. Thomas L.
Webber, Deep Like the Rivers: Education in the Slave Quarter
Community (New York: Norton, 1978), pp. 132-133, 144, starting with a
quote from a slave narrative, writes:
"It seemed to
me that if I could learn to read and write, the learning might -- nay I really
thought it would, point out to me the way to freedom, influence, and real,
secure, happiness. . ." The narratives do not leave the impression that
most of the quarter members thought of freedom only in heavenly terms or were
content to wait until their deaths to partake of its blessings.
Douglass,
as quoted in Foner, Ibid., pp. 20, 83, wrote in
1847 of the religious ethic behind his newspaper: "I shall enter on my
duties with a full sense of my accountability to God, the slaves and to the
dear friends who have aided in the undertaking."
[16]Frederich Detweiler, The Negro Press in the United States (College Park, Md.:
McGrath Publishing Co., 1922, 1968), pp. 1-2. In 1920 most black newspapers
were in the South - 35 in Alabama, 26 in Virginia, 149 in the North. According
to the National (Black) Newspapers Association, as quoted in Frances Draper,
"The Black Press: Needed Now More Than Ever," Dawn,
13 (Baltimore: February 1988), 7, there are currently 161 black weeklies and
monthlies. See also, Henry L. Suggs (ed.) The Black Press
in the South, 1865 - 1979 (Westport: Greenwood, 1983); Walter Daniel, Black Journals of the US (Westport: Greenwood, 1982).
[17]Irving G. Penn, The Afro-American Press and Its Editors (Springfield,
Ill.: 1891), p. 27.
[18]Detweiler, The Negro Press in the United States. . ., p. 43. The
African Methodist church established the first Afro-American press in 1817.
Because other forms of expression were outlawed, it published a hymnal. Only
later (1841) did it put out the Christian Herald,
about which W. E. DuBois (ed.), Economic Co-operation
among Negroes (Atlanta: Atlanta University Publications, 1907), vol. 12,
p. 60, commented:
This paper was
looked upon by the slave holders of the South and pro-slavery people of the
North as a very dangerous document or sheet, and was watched with a critical
eye. It could not be circulated in the slave-holding states (but was). Through
the aid of the Christian Commission it did valuable service to the freedmen
throughout the South. It followed the army, went into the hovels of the
freedmen and also the hospitals, and was placed in the hands of soldiers,
spreading cheer and comfort.
[19]Detweiler, The Negro Press in the United States. . ., p. 37. The
program of the Colored American, Ibid., p. 39, which published between 1837 and 1842 in
New York City was similar: "Its objects are. . . the moral, social and
political elevation and improvement of the free colored people; and the
peaceful emancipation of the enslaved." The abolitionist Maria Weston as
quoted in G. W. Williams, History of the Negro Race in
America (New York: 1885), vol. 2, p. 79, wrote of how the Afro press
functioned as its brother's keeper:
It is church and
university, high school and common school, to all who need real instruction. Of
it what a throng of authors, editors, lawyers, orators and accomplished gentlemen
of color have taken their degree.
[20]Frank Klement, The Copperheads in the Middle West (New York: Knopf,
1960). Theodore Weld (1803-1895), as quoted in James Stewart, Holy Warriors: The Abolitionists and American Slavery
(New York: Norton, 1976), p. 77, commented about slavocracy press freedom:
"Free! The word
and the sound are omnipresent masks and mockers. An impious lie unless they
stand for free lynch law, free murder; for they are
free."
[21]Detweiler, The Negro Press in the United States. . ., p. 106.
[22]Ibid., p. 41; Philip S Foner
(ed). The Life and Writings of Frederick Douglass
(New York: International Publishers, 1975).
[23]Harold Nelson (ed.), Freedom of the Press from Hamilton to the Warren Court
(Indianapolis: Bobbs-Merrill Co., 1967), p. li.
[24]Detweiler, The Negro Press in the United States. . ., pp. 19, 139,
154. Detweiler, p. 154, quotes from the Crisis
(June, 1920):
In 1920 the
Mississippi Legislature passed an act to make it a misdemeanor to print or
publish or circulate printed or published appeals or presentations of arguments
or suggestions favoring social equality or marriage between the white and Negro
races.
The United States Attorney General,
"Letter to the Senate," Investigation
Activities of the Department of Justice (Sixty-Sixth Congress, First
Session, Sen. Doc. 153; Washington: GPO, 1919), p. 161, listed his grievances
against the black press after World War I:
First, ill-governed
reaction toward race rioting; second, the threat of retaliatory measures in
connection with lynching; third, the more openly expressed demand for social
equality, in which demand the sex problem is not infrequently included; fourth,
the identification of the Negro with such radical organizations as the
Industrial Workers of the World and an outspoken advocacy of the Bolsheviks or
Soviet doctrines; fifth, the political stand assumed toward the present Federal
administration, the South in general, and incidentally toward the peace treaty
and the League of Nations. Underlying these more salient viewpoints is the
increasingly emphasized feeling of a race consciousness, in many of these
publications always antagonistic to the white race and openly, defiantly
assertive of its own equality and even superiority.
[25]Wichita
Protest
(October 31, 1919), quoted in Detweiler, The Negro Press
in the United States. . ., p. 149.
[26]Carolyn Martindal,
"Sensitizing Students to Racial Coverage," Journalism
Educator, 43 (Summer 1988), p. 80.
[27]Detweiler, The
Negro Press in the United States. . ., pp. 268-269. The quoted passage
continues:
It may be that those
who are on the frontiers of their world, chiefly in the cities and the ranks of
the educated, are most sensitive to the new forces and new standards. But back
in quiet rural areas, others are reading their views and arguments, and the
whole mass is responding to the printed suggestion. Even a street fight, if the
racial issue enters in, stiffens the whole line of conflict and sounds the call
to a holy resistance.
Detweiler, p. 131, remarked that the
black press, like its white counterpart of the seventeenth and eighteenth
century arose specifically in the struggle to make a just social reality, not
because shareholders wished to sell advertising:
It is not
surprising, then, that we have such titles as Advocate,
Hornet, Protest, Challenge, Contender, Defender, Protector, Crusader, Whip, Blade. "We propose," says the Rising Sun of Pueblo, Colorado, "to wage a
relentless warfare against everything that prevents us from being recognized as
full fledged citizens of America." This emphasis on citizenship with the
political and civil rights attaching to it is common to the great majority of
the Negro papers. The Rising Sun presents details,
on which the press is generally agreed:
We propose to contend
for our complete rights before the law, just representation in politics;
meritorious consideration in labor, no discrimination in education or public
accommodation, no domiciliary restrictions and a repeal or prevention of the
enactment of any statute or ordinance by either state or municipality in
contravention to the constitution of the United States.
[28]Levy, Emergence
of a Free Press. . ., p. xvii.
[29]Elisha Hanson, "Freedom
of the Press: Is It Threatened in the UN?" American
Bar Association Journal (June 1951) 417; see also, Neal Houghton, The Challenge to International Leadership in Recent American
Foreign Policy (Philadeplphia: American Friends Service Committee,
1961).
[30]William Flemming,
"Danger to America: the Draft Covenant on Human Rights," American Bar Association Journal 37 (November 1951);
Leonard Theberge, "UNESCO's 'New World Information Order": Colliding
with First Amendment Values," American Bar
Association Journal 67 (June 1981), 714-718.
[31]Herbert Aptheker,
"Racism, Fascism and Human Rights," Racism,
Imperialism and Peace: Selected Essays by Herbert Aptheker, ed. Marvin
Berlowitz (Minneapolis: MEP, 1987), p. 165; Edwin P. Rome, Corporate and Commercial Free Speech: First Amendment
Protection of Expression in Business (Westport: Greenwood, 1985); Natan
Lerner, The Crime of Incitement to Group Hatred: A Survey
of International and National Legislation (New York: World Jewish
Congress, 1965); Nelson (ed.), Freedom of the Press.
. ., p. 132.
[32]Quincy Wright, "The
Crime of 'War-Mongering'," American Journal of
International Law, 42 (January 1948), 133.
[33]United States Department of
Defense, United States Army Field Manual: The Law of Land
Warfare (FM 27-10; 18 July 1956), chapter 6, section II, paragraph 377.
[34]Bean Afange, "The
Balancing of Interests in Free Speech Cases: In Defense of an Abused
Doctrine," Law in Transition Quarterly, 2
(Winter 1965), 35-63; Thomas M. Cooley, A Treatise on the
Constitutional Limitations which Rest Upon the Legislative Power of the States
of the American Union (2nd ed.; Boston: Little and Brown, 1871), p. 414;
Doris A. Graber, "Press Freedom and the General Welfare," Political Science Quarterly, 101 (no. 2, 1986), 257-275;
Joseph Story, Commentaries on the Constitution of the
United States (2nd ed.; Boston: Little and Brown, 1851), vol. 2, p. 597.
[35]Bernard Bailyn (ed.), The Press and the American Revolution (Worcester, Mass.:
American Antiquarian Society, 1980), p. 69.
[36]Frederick Schauer, Free Speech: A Philosophical Inquiry (Cambridge: University
of Cambridge Press, 1982), pp. 24, 39, 158.
[37]Charles Clark, "The
Measure of Maturity: the Pennsylvania Gazette,
1728-1765," William and Mary Quarterly, 46
(April 1989), 296.
[38]Fourth Consulative Meeting
of Journalist Organizations, International Principles of
Professional Ethics in Journalism (Prague: International Organization of
Journalists, 1983); Kaarle
Nordenstreng, "From International Law to Professional Principles," Democratic Journalist, 32 (February 1985), 19-25. The
International Principles were adopted in 1983 by journalists and journalist
organizations from some 140 nations.
[39]UNESCO, Statistical Yearbook (Paris: Unesco, 1988), p. 7.17;
Toby Terrar, "Soviet Writings on Press Freedom: A Descriptive
Bibliography," Studies in Soviet Thought, 28
(1984), 201-228, p. 212.
[40]Toby Terrar, "UNESCO's
NWIO and US Free Press Philosophy" International
Review of Contemporary Law, 31, no. 2 (Brussels, 1984), 66-79; E. D.
Dickinson, "The Defamation of Foreign Governments," American Journal of International Law, 22 (1928),
844-847; Betty Elder, "The Nature and History of the NWIO," National Lawyers Guild Practitioner, 40 (Fall 1984),
97-126; C. G. Fenwick, "Intervention by Way of Propaganda," American Journal of International Law, 35 (October
1941), 626-631; Peter Schroth, "Racial Discrimination: the US and
International Conventions," Human Rights, 4
(Sept. 1975), 192-196 (Supreme Court upholds doctrine of group libel).
[41]Marvin Olasky, Prodigal Press: The Anti-Christian Bias of the American News
Media (Westchester, Ill: Crossways Books, 1988), p. 23.
[42]Ibid., p. 138-139.
[43]Ibid., p. 224.
[44]Ibid., p. 228.
[45]Olasky should probably look
not to the religious ethic for the origin of commercial press philosophy but to
those like Plato (428-348 BC), an aristocrat who felt laborers should not be
educated to read, Thomas Hobbes (1588-1679), who supported royalist and
landlord tyranny against the popular English revolution of the 1640s, and
Jeremy Bentham (1748-1832). Bentham, "Introduction to the Principles and
Morals of Legislation," (1789), Works, ed.
John Bowring (New York: Russell and Russell, 1962), was a defender of
aristocracy. In his view, since aristocracy had a majority of the wealth and a
minority of popular support, press freedom should be in the hands of private (moneyed)
and not government (popular) interests. There should be neither government
publishing or government interference in private publishing. The function of
the so-called "independent" press, synonymous with private ownership,
was exposure of abuses of power by the aristocrats."
Bentham
mocked the United States Bill of Rights when it was ratified. He attacked the
American biblical covenant tradition and the ethic of being your brother's
keeper because these notions, in his words, tended to inspire a spirit of
rebellion among the people. Bentham substituted an individualistic view of the
press (the greatest individual happiness for the greatest numbers) in place of
the religious goal (the rational, harmonious union between personal and social
rights and responsibilities).
Bentham's
individualism masked his worship of money, inequality in property and the low
standard of living of the working people. The reverse side of freedom for the
aristocracy to dispose of property and the press was the necessity for most
people to labor for the enrichment of and obey the will of the few. The press
freedom of the majority was restricted and at the same time, there was a waste
of material and human resources.
[46]Schauer, Free Speech: A Philosophical Inquiry . . ., pp. 19-20.
[47]Schauer, Ibid., pp. 20, 155, writes of the free market theory:
This is a consummate
skeptical argument, and it is no surprise that its paradigmatic expression
comes from Oliver Wendell Holmes, whose skepticism pervades all his writings. .
. Casting government in the role of educator and enlightener is to a large
extent inconsistent with recognition of a strong Free Press Principle, because
the educative function, when taken to its greatest extremes requires the
educator to promote good ideas and inhibit bad ones.
[48]Nelson (ed.), Freedom of the Press. . ., p. 259.
[49]Glenna R. Schroeder,
"'We Must Look This Great Even in the Face': Northern Sermons on John
Brown's Raid," Fides et Historia, 20 (January
1988), 30.