ette, 319 U.S. 624 (1943). On the same
day the Court held that a State may not forbid the distribution of
literature urging and advising, on religious grounds, that citizens
refrain from saluting the flag. Taylor _v._ Mississippi, 319 U.S. 583
(1943).

[54] Martin _v._ Struthers, 319 U.S. 141 (1943).

[55] Prince _v._ Massachusetts, 321 U.S. 158 (1944).

[56] 334 U.S. 558 (1948).

[57] Kovacs _v._ Cooper, 336 U.S. 77 (1949).

[58] Kunz _v._ New York, 340 U.S. 290 (1951).

[59] Ibid. 314.

[60] Niemotko _v._ Maryland, 340 U.S. 268 (1951).

[61] Feiner _v._ New York, 340 U.S. 315 (1951).

[62] _See_ p. 1285. [Transcriber's Note: There is no mention of the
Feiner case on p. 1285.]

[63] Arver _v._ United States, 245 U.S. 366 (1918).

[64] 293 U.S. 245 (1934).

[65] 325 U.S. 561 (1945). _cf._ Girouard _v._ United States, 328 U.S. 61
(1946) holding "an alien who is willing to take the oath of allegiance
and to serve in the army as a non-combatant but who, because of
religious scruples, is unwilling to bear arms in defense of this country
may be admitted to citizenship * * *", overruling United States _v._
Schwimmer, 279 U.S. 644 (1929) and United States _v._ Macintosh, 283
U.S. 605 (1931).

[66] 325 U.S. 561, 578 (1945).

[67] Commentaries, Vol. IV, 151-152.

[68] Justice Frankfurter in Dennis _v._ United States, 341 U.S. 494,
521-522 (1951).

[69] Ibid. 524; citing Robertson _v._ Baldwin, 165 U.S. 275, 281 (1897).

[70] Ibid. 524; citing Gompers _v._ United States, 233 U.S. 604, 610
(1914).

"While the courts have from an early date taken a hand in crystallizing
American conceptions of freedom of speech and press into law, it is
scarcely in the manner or to the extent which they are frequently
assumed to have done. The great initial problem in this realm of
constitutional liberty was to get rid of the common law of 'seditious
libel' which operated to put persons in authority beyond the reach of
public criticism. The first step in this direction was taken in the
famous, or infamous, Sedition Act of 1798, which admitted the defense of
truth in prosecution brought under it, and submitted the general issue
of defendant's guilt to the jury. But the substantive doctrine of
'seditious libel' the Act of 1798 still retained, a circumstance which
put several critics of President Adams in jail, and thereby considerably
aided Jefferson's election as President in 1800. Once in office,
nevertheless, Jefferson him