Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-12-25
T S freedom OF speech on the
radio entitled to the same

- 4ACSOS1AA Va oPSCSA VA SAAS
radio entitled to the same
/ constitutional safeguards that
protect freedom of speech
from a public platform and free
dom of the press?
That the first amendment to
the Constitution applies as we'll
to radio as to other media of ut
terance is the primary cOnten-
ton made by Louis G. Caldwell,
attorney, in appealing to the
Supreme Court for review of the
Shuler case. Mr.. Caldwell is also
counsel for the Chicago Tribune.
which prosecuted the celebrated
Near VS.. Minnesota case, in which
the Supreme Court upheld the
freedom of the press against curbs
imposed by the Minnesota courts
on an allegedly scurrilous st. Paul
newspaper.
The case grows out of the Fed
eral Radio Commissions decision
late in 1881 refusing to renew the
radio license of Rev. Robert P.
Shuler, pastor of Trinity Method
ist Church South of Los Angeles,
and operator Of Station KGEF.
The commission based its decision
on its broad public interest
powers, charging that Shuler
broadcast defamatory matter
against public officials and indi-
viduals and that his radio
speeches tended to incite racial
prejudices. Its ruling was sus-
tanned by the Court of Appeals
of the District of Columbia, which
also pointed out that the pastor
had been twice convicted for con-
tempt in local courts for his re-
marks on pending cases at trial.
Mr.. Caldwell bases his appeal
entirely on freedom OF speech
contentious, and the case is re-
garded in radio circles as a vital
issue to determine whether radio,
discovered long after guarantees
of freedom of speech and the
press were written into American
law, enjoys the same immunity
from governmental interference.
The broadcasting industry, while
holding no brief for DR.. Shuler
personally, is deeply interested in
the outcome because OF the pr1n-
ciple involved.
I'm the short span of IL years"
Mr.. Caldwell's petition to the
Supreme Court states, broadcast
ing has largely replaced the pub
lie platform as the forum for the
debate of important issues. and
has achieved a status comparable
to that of the press as a means OF
mass communications. To say
that freedom of speech means
only the right to speak to a
present audience and not the
right to address invisible listeners,
is to confuse the means with the
right itself" :.
Mr.. Caldwell contends that
Congress itself, in writing the
radio act, intended that there be
no censorship of radio programs
and enacted a clause to that ef-
feet. The only curb the Radio
Commission can place upon a
radio station in that respect Is
dictated by the clause in the law
which forbids profane, indecent or
obscene Language on the radio.
Unlimited authority in the
hands of the commission to halt
any broadcasting that may be OBJ
jectionable to it is seen by Mr..
Caldwell if the Shuler decision Is
upheld. The commission, on the
other hand. defends its acton
and the solicitor general OF the
United States probably will do so
also in the Supreme Court appeal
as a reasonable regulation of
the wave lengths in the public
welfare, pointing to the thousands
of pages Of evidence taken In the
case to show that Shuler con-
stantly made irresponsible and
untrue statements over his radio
station.
A RATHER bright outlook for
IA the radio industry is seen by
r. G.. Dun g. Co., New York, on
the basis of reduced insolvencieS
in the industry this year and the
continuing demand for radio re-
ceivers and parts. Although some
100000 American homes now
have radios, or about one out of
every two, the saturation point
has not been reached, reports
Dun's Review, because the re-
placement market continues to be
substantial.
1.-THE fact that the radio in
dustry has not been affected more
severely by the adversities Of the
past few years." Dun's reports,
"proves that it has outgrown
successfully the toy and luxury
stages and now has taken its place
as an indispensable part Of every
day life, as much SO as the tele-
graph, the telephone or the cleo
trio refrigerator"
The 1882 insolvency record Of
the industry shows 100 failures
during the first IL months, which
compares with ITS all Of 1881.
However, their defaults totaled
ov,Jv ohol,t "a 500 ono a AAnoared