The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-01
Former Assistant Attorney
General James Beck Files
Brief in Case Brought by
Newspaper Publishers.
DECISIONS OF THE
COURT REVIEWED
Struggle for Freedom of the
Press in Both England and
America Given Prominent
Place in Pleading.

a7AsHINGTON. Nov. 3o.---For-
NH| mer Assistant Attorney Cen
INV eral James Bcclt filed today in
the supreme court his brief III
!he case brought by the Lewis Pub
FISHING company 10 test The corstitu-
tcuali'y of the newspaper publicity
Iaw,
The brief discusses fully TOE power
bt the federal government indirectly
b. censor the press through the reg
tIatiou of the mails, and reviews at
length the struggle in England apd
America 10 free the press from re-
jstraint and the meaning of tho first
amcudment forbidding any abridg-
meot of the freedom of the press.
7 Mr.. Beck argues tbUt, as the cousti-
tutiou did not expressly give any
power 20 regulate JouruaIisw: any at
tiempted regulation can only be 1usti-
Fled As u necessary and proper means
TO carry on some federal function.
10 denies that ;hc regulation Of
newspaper ownership and the en-
forced publicity of its business can
Pc an appropriate means of carrying
put The federal power over the mails.
Reviews Decisions.
The brief reviews all of the decisions
,pf the supreme court. numbering over
TNeutr. in whRh congressional acts
Spavc been juyRidated by the Su.
prcme court for want of constitutional
power, aud it claims that the present
|aw rs within the doctrine Of those de-
hsions.
I Mr.. Bccl, strongly deuouoces the
Ioca that congress can so use its power
.ks TO accomplish unconstitutional ends !
Fbis the brief calls 'tuulli ificaiion by
2 pdirectjou, and il cites The commodi- !
pes cHuse Of the Hepburn bill. Sena.
or Hcvcridge' s child labor bill aud |
ihe present newspaper r&w as strik-
r2 examples of an attempted pcryer.
.pon oT federal power To accomplish ul- |
feror ard unconstitutional ends.
Rights of Free Press.
After reviewing the struggle which |
ted, both in England aud America, to
tne FREEDOM Of the press, he asserts |
tnat sueh liberty consists not ONLY IN |
trcedom from absolute prohi bition. hui |
flso o1 exemption from any burdensone !
pr uurea sorablc restraint. ANY unduc |
Ia. 'I'.' '''t'hS VIZ puDllcatlOD, or !
Ptoer restriction Of inc full right TO |
Prlnt aud circulate, is an abridameut |
PI tns press aud contrary 10 tho first |
amend dmeut.
ne brief argues that the enforced !
PuolSatlon OF u newspaper company's |
EIrculation aud the publishers credi |
tors would Uuduly burden the power |
~ 'oa weak newspaper TO compete with !
tne stronger and IN many eases drive |
'oe weak newspapers To the wall.
Cites Letters of Junius."
he further argues that at the time
tpe brst amendment was adopted the
pnPersohal dissemination OF ideas was
generally recognized in discussion. The |
retters or Junlns' arc cited. as also |
rhe tact that the constitution itsalf |
fould never have been adopted had i |
lot been Tor the federaliss paper nuh. |
fsbed anonymously, by HamiltonI Had.
son and Jav.
An attempt; to compel a newspaper
p disclose either its owners or it's cred.
TORS or TO compel it to mari, 90 an
LdvertisemeDt matter which jt b.s nnb
tshed for consideration restricts tho
fecdom of discussion and is contrsrv
10 the custom Of impersonal writ;ngy
fbich prevailed generally in EnoIand |
lnd America when the constitution vas
framed. ""'
The brief further argues that annro. |
enation of the newspaper columns ia
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