Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-11-30
TO TEST PRESS
PUBLICITY LAW
ConstitutiOnality of Statute Is
Investigated by
Beck.
SAYS in HIS BRIEF THAT
CONGRESS USURPED POWER
Federal Governments Right to
Act as Censor Discussed
and Attacked.

WASHINGTON, Nov. 30.-Former
Assistant Attorney-Gener James M.
Beck today filed In the Supreme
by the Lewis Publishing Company to
test the constltutionality of the W
paper publicity law.
The brief discusses fully the power
of the federal government indirectly
to censor ihe press through the reg
u1ation OF the malls, and reviews at
length the struggle in England and
America to free the press from re-
straint and the meaning of the first
ment of the freedom of the press
Mr.. Beck argues that as the Con-
stitution did not expressly give any
power to regulate journalism, any
attempted regulation can only De JUS
titled as a necessary and proper
means to carry out some federal
function.
He denies that the regulation of
newspaper ownership and the en-
forced publicity of it's business can
be an appropriate means of carry
ing out the federal power over the
malls.
MI. Beck strongly denounces the
idea that Congress can so use it's
powers as to accomplish unconstitu-
tional ends. This the brief calls
notification by indirection," and it
cites the commodities clause Of the
Hepburn bill, Senator Beveridge's
child labor bill and the present news
paper law as striking examples of an
attempted ~perversion of federal
power to accomplish Interior and I'M
constitutional ends.
After reviewing the struggle which
led, both in England and America,
to the freedom of the press, he as
serts that such liberty consists not
only in freedom from absolute pro-
hibition, but also of exemption of
any burdensome or unreasonable re-
~straint. ANY undue burden upon
writing or publication or other re-
striction of the full right to print
and circulate is an abridgement of
the press and contrary to the first
amendment.
The brief argues that the enforced
publication of a newspaper company's
circulation and the publishers credi-
tors would unduly burden the power
of the weak newspaper to compete
with the stronger, and in many cases
drive the weak newspaper to the wall
He further argues thai at the time
the first amendment was adopted the
impersonal dissemination of ideas was
generally recognized in discussion.
The letters of "Junius" are cited, as
also the fact that the constitution it
self would never have been adopted
had it not been for the federalist pa
pers, published anonymously by Ham
ilton, Madison and jay.
Any attempt to compel a newspaper
to disclose either its owners or it's
creditors or to comepl it to mark as
an advertisement matter which it has
publihed for a consideration, restricts
the freedom of discussion and is con-
trary to the custom of impersonal
writing, which prevailed generally in
England and America when the Con
~stitution was framed.
The brief further argues that the
appropriation of the newspaper col
umns to enforce the policy Of pub
licity, without compensation. violates
the fifth amendment, in taking prop
erty without due process of law.
Mr.. Beck argues that the law has
the merit of sincerity in that it
makes no hypocritical pretense to be-
ing a means to carry out any consti-
tutional power. He quotes the de.
bates of Congress as showing that the
authors of the bill, Senators Bourne
and Read, and Representatives Henry,
Barnhardt and others, all admitted
that the purpose of the act was to
compel a public disclosure of the own
ership of newspapers and of the infu-
ences which dictated their policies.
The Supreme Court has specially
set Monday next for the argument OF
this test case. 1t is expected tina
Robert C. Morris will open the case
for the newspapers, Solicitor-General
BuIlitt will speak for the government.
and James M. Beck will make the
closing argument for the newspaper
press.