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In the annals of literary history, the 1933 federal court case that legalized James Joyce's Ulysses in the United States stands out as a landmark event. The masterminds behind this audacious and brilliant legal strategy were Bennett Cerf, co-founder of Random House, and Morris Ernst, a renowned lawyer and co-founder of the American Civil Liberties Union (ACLU). Their concerted efforts not only paved the way for the publication of Ulysses but also set a precedent for literary freedom.
Bennett Cerf, an ardent admirer of Joyce's work, saw Ulysses as a groundbreaking literary achievement. However, the novel had been banned in the United States for its explicit content, deemed obscene by authorities. Cerf was determined to challenge this ban, believing firmly in the novel's artistic and cultural value. He famously declared that Ulysses would be Random House's "first really important trade publication," signaling his commitment to publishing the work.
To accomplish this, Cerf enlisted the help of Morris Ernst, a passionate defender of free speech and civil liberties. Ernst, known for his innovative legal strategies, devised a plan to bring the issue to a head. According to Kevin Birmingham in "The Most Dangerous Book: The Battle for James Joyce's Ulysses," Ernst's strategy was simple yet bold: "Ernst wanted to orchestrate the entire legal process to create a definitive ruling on 'Ulysses'."
In 1932, Random House arranged for a copy of Ulysses to be sent from Paris to the United States. As anticipated, U.S. Customs seized the book upon its arrival in New York, labeling it obscene and therefore illegal to import. This seizure set the stage for the legal battle that Cerf and Ernst had meticulously planned.
The case, "United States v. One Book Called Ulysses", was brought before Judge John M. Woolsey in the Southern District of New York. Ernst's defense was innovative and compelling. He argued that Ulysses was not obscene but a serious and significant work of modern literature. He emphasized that the book should be judged as a whole rather than based on isolated passages that might be considered offensive.
In 'The Most Dangerous Book: The Battle for James Joyce's Ulysses' the author recounts a pivotal moment in the trial: "Ernst read aloud from the book’s final chapter, the notorious monologue of Molly Bloom, to demonstrate its literary and humanistic value." This reading was crucial in swaying the judge's perception of the work.
Judge Woolsey's ruling, delivered on December 6, 1933, was a groundbreaking victory for Cerf, Ernst, and literary freedom. Woolsey declared that Ulysses was not obscene, highlighting its literary merit and the sincerity of Joyce's attempt to depict the complexity of human experience. He famously noted that the book's reputation for obscenity was unfounded and that it was, in fact, a work of considerable artistic value.
The decision allowed Random House to publish Ulysses legally in the United States for the first time. The book was released in 1934 and quickly became a cornerstone of modernist literature. This victory not only affirmed Joyce's place in the literary canon but also set a precedent that protected future works from censorship.
As Birmingham aptly puts it, "The liberation of 'Ulysses' was not just the victory of one book; it was the establishment of the freedom to write and read in America." Bennett Cerf and Morris Ernst's orchestration of the Ulysses case is a testament to their courage, vision, and unwavering belief in the importance of literary freedom. Their successful challenge against censorship not only secured the publication of a modern classic but also reinforced the principles of free expression that continue to shape the literary landscape today.
Welcome to the journey.
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