Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-17

Repeal Of Minnesota's "press gag
law" while its constitutionality was
still pending before the United States
Supreme Court, is hailed by the country
as q victory for freedom Of the press.
A measure originally intended to elm
mate scandal sheets was declared TO
have been made a weapon to prevent
criticism Of political corruption.
Contributing to its viciousness," says
the Springfield (MaSs) Union, was the
fact that judge could be the sole
arbiter as to an ohense, since the ques-
ton was not required to go to jury.
The Union adds that the Constitution
guarantees the freedom CT the press,
and there are few newspapers that
would abuse that right. The few ex-
ceptions," continues that paper, do not
Justify such un-American and I'M
democratic restrictions as the suppress
sion Of the press anywhere on the say
so of a single judge"
"a most malicious piece Of legtsla-
ton has been relegated to its proper
place." declares the Walla Walla BpIle-
tin, with the explanation: 1.-The law was
worded to provide for suppression by
court Injunction of newspapers which
were found by court to be publishing
regularly malicious, scandalous or de-
famatory matter On the surface such
a principle may sound worthy of sup
port, but, like many measures, the title
is not exactly correct. 1t appears that
considerable leeway was left open IN
interpreting what could be termed ma
licious, scandalous or defamatory, and
many newspapers were shadoWed by the
big stick of suppression II they eX-
ercised even normal functions permit
ted in the constitutional right Of a free
press in this Nation"
X * X X
at seems obvious" declares the St.
Paul Dispatch, that there cannot be
any real freedom Of speech or press
when a newspaper may be suspended
without trial whenever court Is OF the
opinion that its contents are malicious
or 'defamatory.' The Pioneer Press OF
that city states that repeal became ad-
Wsable from the viewpoint of sound
policy" and that "the law was being
condemned as unwise and dangerous, a
continuing invitation to official abuse OF
power in the suppression of legitimate
opinion" That paper adds: Moreover,
the specific scandal sheets for which
legislators were cunning in 1925 have
since disappeared. Strangely enough,
the two newspapers that were actually
suppressed under this law were not the
ones the Legislature had in mind In
1925. This is what Is meant When the
gag law Is said to have served its pur-
pose. The righteous indignation OF
legislators has no more scandal sheets
on which to feed"
It is agreed by the Savannah Morning
News that 1.-The law was aimed at So
called scandal Sheets which every good
newspaper man abhors, but 1t was SO
worded that a judge could put news
paper out of business without much
trouble if he just happened to be mad
at it because of its political opposition
TO him. The News concludes that 1T
won no respect for law"
Attention is given to statements by
Justice Brandeis at the time Of the hear
ing of the case before the United States
Supreme Court. The statement had
been made by counsel that the news
paper which had been suppressed had
attacked what it termed a combination
between public officials and criminals, F"
as quoted by the Albany Evening News,
and that paper continues: Justice
Brandeis interrupted to say that exist
ence of combinations Of this sort Is well
known. What these men did seems like
an effort to expose such combination,
said Justice Brandeis. How else can a
community secure protection against
that sort Of thing If people are not
allowed to engage in free discussion OF
such matters? You cannot disclose
evil without naming the doors of evil.
1t Is difficult to see how one can have a
free press and the prosection it affords
In the democratic community without
the privilege this act seems to limit y
The Albany paper continues in its state