Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-03-11
AGAINST. FREE. PRESS
Supreme Court sustains Order OF
v. Postmaster. General, Burfeson: T.. :,
q, :, - .-'.

-. Postmaster. General, Burieson: :. :.
Authority of, tnGt then postmaster
general, ALBERT S.;Bnrleson, to with
draw second classamatl privileges from
any publication, which: violated :the es-:
pionage act through printing: articles
"tendins.tof create: military or naval
forces, was upheld last; Mondaysby:;the
supreme !. court Associate Justice
Brandeis and Holmes dissented. -.
,Theacourt sustained the supreme,
court: of: the District of Columbia in
its.refusal to issue a mandamus order
compelling the. restoration Of the PRIV
;legesA to the Milwaukee Leader, or
which; Victor Berger was editor. the
Leader in carrying its appeal to the
supreme court was joined by the New:
York Call, a newspaper also denied
second class mailing privileges during
the5war. ~: -. "a - 80.
tAvhatever. injuries the relattor sr'f-
.fered.' was" the result Of Its own
choice" declared Associate Justice
Clark, who. in reading the maJoflt!
opiniun. recited excerpts from articles
in the newspaper as submitted by tne
government in support of Nh Burie-
sons action.
The; articles were not designed TO
secure!a modification or,repeal of the
laws they criticised but were intend
ed to stA.; up OPPOSITION to them and
internal strife" -.
Authority to grant the classified
privileges, Justice Clark held carried
with it: authority to withdraw them!
tlc. declared it an impossibilitE fer tire
postal authorities attempting TO scan
each separate issue of a newspaper
submitted to the mails TO. determine
whether it was in violation OF the law
as supporting the postmaster general
in making his order cover" the indeh-
mite future.
The criticism that the due process
clause of the constitution was Violated
was declared unsupported in view o'
the hearings held;by Mr.. ,Burleson be,
lore ISSUING the oiuCI'
Associate Justice Brandeis. in his
dissenting opinion Of more than 5'ooo
| words, took issue with the majority
upon practically every point justice
Holmes "concurred in substance" IN
Mr., Brandeis' opinion.
Mt was Uncomfortable Justice Bran
deis said, that congress Intended TO
| confer on the postmaster general, au-
thority which amounts to practically
an absolute censorship over the press
1 and he.,lecalled that an attempt 40
give such authority had been defeated.
in congress:
1.-THE postmaster general comedies
Gin his brief) Mr. Brandeis continued
THAT congress did not confer the
vague and absolute authority practi-
cally to deny circulation TO any puhll-
cation which in his opinion is likely
to violate in the future any postal law
can not believe that'in establishing
postal classification in 1873 congress
intended to confer upon the postmas-
ter general authority TO issue the Or
der herein complained Of.
: "If under the constitution admin
istrative officers may as a mere incl
dent of the peace time administra-
ton of their departments be vested
with the power to issue such ORDERS
as this. there is little OF substance IN
our bill of rights and in every extend
ing governmental function turks a
new danger to civil liberties"