Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-03
SUNDAY. MAY 8. 1891
rha Freednm Of tha preas.

In what consists the freedom of the press
As guaranteed to the people of this country
by the first article OF amendments TO the
Federal Constitution? Mr.. JEFFEBsoNs
dictum that Error is harmless where
Reason is left free TO combat 1t" falls
pleasantly upon the ear. but is generally ac-
cepted as referring to truthin language so
ragus that the meaning of that language
cannot be clearly apprehended. Mr.. JEp-
vrasos had in mind when he made this
celebrated utterance political o. polltico-
economic truths and errors. He did not
mean TO say that falsehood, vitupera-
ton, vulgarIty, and obscenity were
harmless whenever reason was left free
20 combat them. To give practical turn
10 our remarks. We will add that no such
question was present to bis mind when he
made that utterance as those involved in
the Louisiana lottery cases, the hearing OF
which the Supreme Court of the United
States last Monday postponed until
October next. The case we recently re-
ferred to was lottery case, but 1t was
decided in the Supreme Court OF APP
peals OF Louisiana. The cases In the
former court are highly important Hence
the Chief Justice and his associates de-
sired them to be decided by full bench.
For this reason the hearing was post
poned as lust stated. The rule in Shell
IxY's case, the Observation-Disclosures decision
and the DEKD SoorF decision will be
rivalled in importance by the decision in
the Louisiana lottery cases, which may be
as far-reaching in its results as the famous
cases Just named.
What is the guarantee Of the freedom OF
Che press as 1t is expressed in the first
amendment which our fathers made to
the Federal Constitution IT is IN 30 many
words that Congress shall make no law
respecting an establishment of religion, or
prohibiting the free exercise thereof, or
abridging the freedom of speech or OF the
press"
The contentious Of the Louisiana Lottery
Company and of the newspapers engaged
with that company in the suits to be de-
cided next fall are that the act Of Congress
excluding from the mails newspapers con-
tanning lottery advertisements is uncon-
stitutional because il contravenes the
amendment we have just quoted. and is
therefore null and void, and that that act
Is also unconstitutional because ii makes
Congress and not jury the judge of the
criminality of the subject matter of pub
location.
The contention Of Assstant-Attorney-
General MAUBY formerly of Richmond)
are that tho power granted to Con-
gress by the Constitution TO estab-
lish O postal system confers the right
20 shape that system according to
its own will; and that if Congress
were TO exclude newspapers from the mail
absolutely il would not constitute an
abridgment of the liberty of the press.
Also, that the power of Congress over the
mails is similcr to the police powers of the
several States, and that there is no limit
placed on either power except when 1t is
abused. The points on the two sides are
not all here stated by any means. But we
have said enough TO show how important
are these Louisiana cases, and how great
principles may be involved in even ques-
ton concerning lottery advertisements.
n grand array OF nue. lhWyeIS VIII uOuos-
less appear in these cases.
But Is there any question which touches
the freedom OF the press involved in these
eases2 We inter that the justices of the
Supreme Court of the United States must
be of that opinion, or else they would not
attach 50 much Importance to these cases
as to refuse TO hear them in the absence of
O single member of the court. At any rate,
there must be some question to be decided
which is Of transcendent Importance. II
the Supreme Court Of the United States
decides nothing in these cases except the
question as to what is meant in the Consti-
tuition by the words, "the freedom of the
press" and the words, "abridging the
freedom of the press" the decision will
nevertheless DO landmark.