Books condemned by the Holy See are prohibited everywhere and to all the faithful (cc. 1396 and 1401), even if they are clerics, with the exception of cardinals, bishops, and the other Ordinaries mentioned in can. 198 § 1.
The categories of books whose reading is forbidden by natural law or by general law (can. 1399) are:
1) Editions of the original texts of Sacred Scripture prepared by non-Catholics and every translation prepared and published by them; - 2) All books that advocate heresy or schism, or that in any way endeavor to undermine the foundations of religion; - 3) Books in which good morals or religion are deliberately attacked; - 4) Books by all non-Catholics who deliberately treat religious subjects, unless it is clear that they contain nothing contrary to the Catholic faith; - 5) Books printed without the prescribed ecclesiastical censorship, when they are books of Sacred Scripture or notes and commentaries relating to it, or translations thereof into the vernacular (can. 1391), books dealing with theological subjects, books or pamphlets of piety, etc., or books that report new apparitions, revelations, visions, prophecies, or miracles, or introduce new devotions; - 6) Books that combat or ridicule any Catholic dogma, defend errors condemned by the Holy See, discredit divine worship, endeavor to undermine ecclesiastical discipline, or deliberately cast mud upon the ecclesiastical hierarchy or the clerical or religious state, without prejudice always to the work of conscientious and serious historians; - 7) All books of whatever kind that teach or recommend superstition, magic, sortilege, divination, spiritism, and the like; - 8) Books that teach dueling, suicide, or divorce as licit, that deal with Masonic sects or similar secret societies while representing them as useful or as not dangerous to the Church and the State; - 9) Books that openly treat, recount, or teach lascivious or obscene matters. Books of medicine or works of moral theology that deal with such matters for a serious purpose do not fall under this prohibition; - 10) Liturgical books into which alterations have been introduced, so that they do not agree with the authentic editions approved by the Holy See; - 11) Books that publish spurious indulgences or indulgences proscribed or revoked by the Holy See; - 12) All images of Our Lord Jesus Christ, of the Blessed Virgin, of angels and saints, or of other servants of God, printed in any manner, that are contrary to the mind and prescriptions of the Church.
It may nevertheless be held that the proscription of books does not bind non-Catholics born in schism or heresy, at least insofar as it is a positive ecclesiastical law.
Local Ordinaries may prohibit the reading of bad books only to their own subjects (can. 1395). Canonists and moral theologians commonly teach that exempt religious are not bound to observe diocesan laws in this matter. But it seems more accurate to affirm the contrary, provided that the expressions used in cc. 1395-1405 are properly observed. It is true that can. 1395 § 1 speaks of subjects, and exempt religious are not subjects of the bishop, but it does so solely to point out that the prohibition of the local Ordinary does not extend beyond the boundaries of his territory, as is deduced from a comparison of can. 1395 § 1 with can. 1396. Moreover, it must be borne in mind that the proscription of books was entrusted to the Holy Office by the motu proprio Alloquentes (25 March 1917). Now no religious is exempt from the jurisdiction of the local Ordinary in matters falling within the competence of the Holy Office. Can. 1386 § 1, moreover, expressly subjects all religious to the jurisdiction of the bishops in this matter. Confirmation of what has been asserted is found in can. 1395 § 3: the legislator felt the need expressly to attribute to regular Ordinaries also a power concerning the prohibition of books for their own subjects, precisely because
can. 501 § 2 strictly forbids them to interfere in cases falling within the competence of the Holy Office. Finally, it is useful to note the different expression used in §§ 1 and 3 of can. 1395: ius et officium in the former, potest in the latter. Now, if the jurisdiction in this matter of regular Ordinaries over their own subjects were exclusive, § 3 should also contain officium.
A prohibited book may not be published, read, possessed or kept, sold or purchased, translated, or communicated to others without special permission, under pain of mortal sin.
Publishers, moreover, of books by apostates, heretics, or schismatics that advocate apostasy, heresy, or schism incur excommunication reserved speciali modo to the Holy See if the work is published. The same penalty applies to the faithful who defend or knowingly keep or read, without the requisite permission, the books in question and those condemned by apostolic letters, which are not to be confused with condemnatory decrees issued by the Holy Office. Authors and publishers who, without the required license, have books of Sacred Scripture, notes, or commentaries on it printed incur non-reserved excommunication (can. 2318).
A prohibited book may not be republished unless the necessary corrections have been made to it and permission has been obtained from the person who condemned it, from his successor, or from the competent superior (can. 1398 § 2).
Apart from the Supreme Pontiff, only the Holy Office may grant a license to read or keep books prohibited ipso iure or by a decree issued by the Holy See. Ordinaries may grant such permission only to their own subjects, in urgent cases and for individual books (can. 1402 § 1). Ordinaries, on the other hand, have broad powers, limited only by natural law and by any intervention of the Holy Office, with regard to books prohibited by themselves or by their predecessors: not even a general license granted by the Holy See authorizes the reading of books prohibited by the Ordinaries, unless the apostolic indult expressly states that the recipients may read or keep books condemned by whomever (can. 1403 § 1). Evidently, the license obtained exempts no one from the prohibition, imposed by natural law, against reading books that expose the reader to an imminent spiritual danger. Permission to read books that deliberately deal with obscene matters is not ordinarily granted; and it is forbidden for booksellers to keep them in stock, sell them, or lend them. Local Ordinaries and parish priests must warn the faithful of the danger they incur and of the harm they will suffer from reading immoral books.
The Holy Office, for its part, in an instruction circulated on 3 May 1927 (AAS, 19 [1927], pp. 186-89), urged local Ordinaries to supervise all writings printed or published in their dioceses, and to indicate to the faithful the books prohibited ipso iure, whose reading is forbidden under pain of mortal sin; it also reminded them of the provision of can. 1395 § 1: they have not only the right but also the duty to proscribe books deserving condemnation. The Holy Office has had to return to the subject several times (the most recent intervention is dated 17 April 1947, in which the obligation established in can. 1397 is recalled).
More recently, in addition to the flood of immoral books, the Marxist press (books, magazines, newspapers) has appeared, attempting to undermine the foundations of the Christian religion. The Holy Office therefore, by a decree issued on 28 June 1949, declared such writings prohibited ipso iure, in accordance with can. 1399, and imposed excommunication latae sententiae, reserved speciali modo to the Holy See, on those who profess, defend, or disseminate the materialist and anti-Christian doctrine of communism (AAS, 41 [1949], p. 334).
386; J. Brys. De lectione praorum diariorum, in Coll. Brugen., 28 (1928), pp. 125-29; S. Goyenèche. Potentiae superior localis prohibere librum aut periodicum suis subditis?, in Comm. pro religiosis, 9 (1928), p. 427; M. Lecler. Facoltà di leggere libri proibiti, in Perifice munus, 3 (1928), pp. 865-66; S. Woywood, Prohibition of books, in The homil. and past. rev., 28 (1928), pp. 1086-95; G. Buttignoni, Sulla proibizione dei libri, in Palestra del clero, 10 (1931), pp. 257-59; Matteo a Coronata, Institutiones iuris canonici, II, Torino 1931, nn. 959-66; S. Goyenèche, An requiratur facultas S. C. Indicis ad retinendos libros prohibitos in armario classo custodiendo, in Comm. pro religiosis, 13 (1932), pp. 198-99; A. Gennaro, Sulla proibizione dei libri, in Perifice munus, 7 (1932), pp. 743-44; M. I. Browne, Are non-catholic encyclopedies prohibited «ipso jure», in The Irish eccles. record, 43 (1934), pp. 80-83; Wernz-Vidal, IV, nn. 717-34; A. Genicot-I. Salamans, Institutiones theologiae moralis, Bruxelles 1942, nn. 451-460; H. Wagnon, Le nouvel Index des livres prohibés, in Rév. dioc. de Tournai, 3 (1948), pp. 3-23; L. Firpo, Filosofia italiana e controriforma, in Rivista di filosofia, 41 (1950), p. 150 seg., 300 seg. Cf. anche: A. Thourenin, Index, in DThC, VII, coll. 1570-1580; J. Forget, Index, in DFC, II, coll. 702-16; G. Casati, L'I. dei l. p. Saggi e commenti, 3 voll., Milano 1937.
Arturo De Iorio