The Birmingham age-herald., 1923-04-20
FREEDOM OF THE PRESS


 The supreme court of Illinois has ruled that the municipality of Chicago cannot maintain it's libel suit against the Chicago Tribune. In the com plaint the newspaper was charged with having injured the credit of the municipality through editorial criti- cism of it's corporate acts. Undoubt- ediy the animus underlying the suit was political enmity, for the journal has been at swords points with the Thompson regime almost from its be- ginning. The bossism of Thompson brooked no opposition in any quarter, and for time was successful in si- fencing every voice of protest except that of the press. The press of Chi cago, to it's credit be it said, has not been deceived nor has it been cowed in the least by the great political mon ster which the popular vote has only recently succeeded in casting out. The decision of the court is inter- esting, although entirely in harmony with former decisions, state and fed efal, and with public opinion. Said the court: "The opinion of this court is based on the fundamental principle of the American government, that every citizen has right to criticize the government and it's administra- ton so long as they do not advocate overthrow of the existing government or the violation of law" Perhaps the Chicago administration had the idea that it was the "existing government" but the distinction is that men may come and men may go, while govern ment goes on forever. The govern ment of Chicago is the same since the new administration went in as under the Thompsonites; merely the per- sonnel has changed. The Tribune criticized severely, but not the gov ernment of the city, nor of the state nor of the nation; the Tribune criti- cized the manner in which that gov ernment was administered by those officials temporarily in authority. If that threw discredit upon the "corpo- rate acts" of the administration, the inference is that the administration was unable to refute the criticism be- cause of its truth and accuracy.
 Liberty of the press," says the decision, lis the same thing as fre9- dom of speech" The press is even more than that. The press is the voice of public sentiment. It not only helps to crystalize public sentiment, but in great degree it may be said to reflect public sentiment. Of course. where there is divided public senti- ment journal may not be expected to take both sides, but whatever side it honestly and sincerely takes it may be sure of expressing the opinion of many people, especially if it is a jour- nal devoted to the public welfare. as most newspapers are. The press, more over, that is to say newspapers in general, duly set forth the complex of public opinion, and faithfully re- fleet the daily life, doings and achieve ments of the people.
 Editorially newspaper is a critic. Not a critic in the sense that it is al- ways finding fault or calling some public official to time; but a critic in the wider and truer serse, in that 1t weighs public acts and public oues- tions judicially and expresses what it believes to be fair judgment, which IS the essence of criticism. For criti- clsm may praise as we'll as blame: or criticism may be impartial, admitting an almost equal amount of virtue to elthe- side, if, in the editors judg- ment, both sides have almost equal merit. When a journal opposes the public acts of municipality, it is do- ing so in the public behalf and in the exercise of the constitutional privilege of freedom of speech. Especially is this so in that the newspaper, speak ing generally, calls public officials back to their sworn duty when it is believed that they have departed from 1t, and, far from seeking to overturn the government, actually strives con- stantly to bring various administra- tons up to the ideal of government as expressed and exemplified in our constitutions and laws. Were it not for the freedom of the press it is easy to believe that the country would quickly be given over to the spoils- men and that government would in- deed be overthrown and the public eAplolted for personal benefit.
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