The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-12-23
Strabismus in Minnesota

Unless the supreme court OF the United States gives
relief. Minnesota seems doomed to the lettering OF Tree
speech. Its own state supreme bench has refused -
dclarc unconstitutiona the notorious gag law under
which one paper was suppressed more than a year ago
for attacking crooked politicians.
Those same politicians now in part are serving peni-
Tertiary sentences for the graft and malfeasance Of which
tho paper accused them. In the meantime the legislature
passed the law intended to shut off such exposures by
making the penalty that Of suppression Of the publish.
ing paper. A subsequent legislature refused to repeal
the law, SO out Of Joint with all conceptions Of liberty
and Americanism and even against the constitutional
guar antee Of free speech.
The law in question is one BY which q county attorney
and a district Judge can arbitrarily suppress any pub
lication that they deem malicious or obscene. No trial
BY jury is permitted. The publication has no recourse.
The measure thus is q direct denial Of the constitutional
guarantee of free speech.
Now the state supreme court says the law is valid. AS
the man in the street would say. How do people get that
way9" The decision passes all understanding and why
the law is upheld Is beyond the power Of explanation.
ons would not look to Minnesota for the type of Mus
solini officcholder. least Of all on the bench Of the state,
And q court which could pronounce legislation OF that
type valid It would seem could be expected to sustain any
kind Of law. II 1t were tyrannical. Yet It is very likely
that the Minnesota tribunal would recoil from some
other equally reprehcnsiblc enactment. It must be that
the court confused its own dislike for criticism with
the merits OF the gag law test ana mace us DECISION
father to the wish.
For the decision does not make this obviously tncon-
sistcnt and dcspicablc law any the less SO. It still re-
mains q cuckoo on the lay books and such 1t will be as
long as democracy persists in the United States.
And as long as 1t remains unrepealcd. as 1t should IN
all deccncy be. or unemasculated by judicial decision Of
is unconstitutionalty It will be a menace to the entire
press Of the state. rendering any paper that darcs expose
criminals and crooks in office subject to suppression.
Originally the hackers of the law suggested that it
should be left alone until It does harm, which Of course
was an idiotic reason for continuing its existence. Per-
haps the samc inbccility that defended 1t In this view 81
proposed repeal was responsible for its Legislative birth.
For Of pure idiocy or malcvolence it was derived. Ignor-
ancc might have fallen short of anything SO suhyersiyc
It must be remembered that the breakdown Of law en-
forcemcnt is due to = tendency to leave indcfcnsibc laws
alon till some harm is done.
Harm has been done by this law. Editors throughout
the state have been deferred from expressing their con-
yictions pungcntly or Ut AL. 1t Is said. under the fear Of
having their papers suppressed. The state has been held
up to derision. Minnesotas prestige has suffered
throughout the nation.
The gag law Is an anachronism as we'll rs an injustice
1t is ! terrible indictment Of the Minnesota spirit Of
liberty and fairness that It should persist after al enact
ment which might considerably have been CLOSED over
rs . temporary alteration but now takes on the aspect
Of . s~trabismatic obsession, In the minds Of the law
makers and law interpreters Of the afflicted state,
ct least.