, 1921-06-09
THE FREEDOM OF THE PRESS

THE FREEDOM OF THE PRESS
Statement OF Postmaster General
viii H. Hays. In connection with
granting applications for second
class rates. =
The application of The Liberator
for admission to these second class
mails has been granted today This
application was filed on February
IL. 1918. at the time the magazine
was established and has since been
pending with NO action taken by the
former administration. The records
Of thes Department show, however
that every issue since its founding,
as offered monthly for mailing, has
been accepted at the third GLASS rate
of postage. pending action on the ap-
plication for second-class entry.
Inasmuch as the application shows
compliance with the other statutory
requirements. the only question to
be decided is whether The Liberator
10 publishing mailable matter. II 1t
10 mandatory upon the Postmaster
General to issue . permit.
The question Of the AVAILABILITY Of
the publication has been considered
by the Post Office Department
monthly for the past three years and
in each instance each issue has been
treated AZ mailable and the applica-
ton for second-class entry has not
been denied. To deny It at this
time would have the effect Of. de-
claring non-mailabie when there is
now less reason for doing 50 than
formerly. the very issues which we're
accepted as mailable during the wal
nnrNAA uyhAa thAA1 1900 T. - -
only the present permanent laws but
also the temporary war provisions,
which have since been repealed.
The fourth requirement Of Section
IA of the Classification Act Is that
to entitle matter to the second.class
mailing privilege at must be origi-
mated and published for the dissem-
ination of Information OF a rSblic
character, or devoted to literature,
the sciences, arts or some special in
dustry." It has been suggested that
1t was the intent of Congress in the
passage OF this provision that the
privilege Of second-class rate should
only go to publications disseminate
ing Information of a public benefit.
II this Is true, then the responsibility
Is lodged somewhere to determine
what Is and what Is not information
Of public benefit. There is q vast
| difference between what is 'infor-
nation of a public character and
what is Information Of public benefit.
Much Of the news in any daily might
be barred II public benefit were es-
sential. 1t is easy to decide what Ia
and what is not Information Of q
public character" The arbitrary
power to decide what is and what is
not a public benefit was never in
tended to be lodged in the Post
master General. 1t shall not be
assumed.
The Post Office Department holds
no brief for The Liberator or any
other publication. II there is on
foot q conspiracy to destroy our e.
tablished form Of Government by
force and violence, claimed by the
Department heretofore as q reason
for not granting this permit. and
II this publication Is involved In It.
then the Department of Justice will
deal promptly and effectively with
the conspifators In the manner pre-
Justice a. now organised can be de-
The war 10 over. We must return
to the ordered freedom. Our meth
cd OF safeguarding the public vel
fare. while at the same time main
tanning freedom OF the press has
been found through . long period OF
stable civil liberty better for the
public welfare and personal security
Of citizens than to establish q bureau
cratic censorship which in Its ma.
ture becomes . matter Of individual
opinion. prejudices or caprice. There
is certain cost In free Institutions
In which the i~nstitution OF, freedom ol
the press shares. but We IN this couA-
try have preferred to pay such costs
from time to time rather than ia
seek protection through the hiatori-
cally diseredited devices OF buraau-
cratic governments.
Either these publications sholld
BE- entirely suppressed and their pab-
lisherS prosecuted or they should b
given equal mstlink rights In com
mon with the other periodicals 81
kthe counfry.
/ The nail exclusion atatutes viii ~
vigorously Saforos4 BY the Post OF
flee Departures, hut In % doing ~
VIII carry oat IL purpoeo 4 eueh
non-nallahility law. Tha I1rposa
10 . bAr tAs DrohiAittye 4a&sGf %
hGgely from tie nails And 66e .elmDly
exeluas Il, &reA tn t~dttiNelat eaAl1
Which requires kfeASf f&to, ~
tie sA0e laws govern Tie 0aIlaoa1ley
of matter IN each oaso. TAoRo cham
D0 no nNAltnNNY IN nuN0RNnnAMR nnD