Evening star., 1934-02-07
RUM AD USE SEEN
CENSORSHIP TEST
Possible Control Over Radio
Might Be Extended to
Newspapers.
BY DAVID LAWRENCE.

BY DAVID LAWRENCE.
For several months the question of
whether the Federal Government
would censor the press or restrict free
speech has been debated and particu-
lar emphasis has been placed upon
the censorship powers exercised in
the field of radio as an opening wedge
to all other forms of censorship.
But the Federal Radio Commission
has been denying that it exercises
any censorship over radio. Public in
terest, therefore, attaches to a care
fully-worded announcement from the
commission which invokeS a broad
power over the excellence or quality
of programs to forbid the discussion
of the use of liquor
The announcement is not clear as
to whether any broadcasting station
which has program, even though it
is not commercially sponsored, can
debate the merits of liquor or whether
such conversation is taboo only if it
is tackled on the end of a musical
program Or entertainment for which
liquor merchant might be paying.
But the significant fact is that the
commission does assume Jurisdiction
over the broadcasting of a contro-
versial question, as, for instance, in
the following paragraph:
Although the eighteenth amend
ment to the Constitution of the United
States has been repealed by the twen-
ty-flrSt and so far as the Federal
Government is concerned there is no
liquor prohibition, it is well known
that millions of listeners throughout
the United States Go not use intoXi-
eating liquors and many children OF
both users and non-users are part
of the listening public
Now it does not matter much
whether a person is for or against
prohibition and whether he thinks
alcohol is or is not injurious to the
human body, because the avenues of
education on this point are quite nu-
merous. but from the broad viewpoint
of national policy the question will
be asked whether a Government COM
mission should tell the public what it
can or cannot hear.
II it is conceded that the Federal
Government has the right to censor
what shall be heard, then it is an
easy step to assume that the Federal
Government has the right to say what
shall be read Thus it is we'll known
that the printed page contains allur-
ing announcements which, theoret-
ically at least, urge greater consump-
tion OF alcohol beverages. If the Fed
eral Radio Commission, which de-
rives its powers from an act of Con-
gresS, is upheld in its right to say
that children or non-uSerS Of alcohol
shall be forbidden to hear anything
about the subject, it might be argued
that the Post Office Department had
the right to bar from the mails an
nouncements about liquor or food
products or beverages of any kind.
Statute Not Tested.
There has been for some years-in
fact, until last month-a statute for
bidding the circulation through the
mails Of publications containing liquor
advertising, but this was never tested
as to constitutionality because it's
passage came so close to the adoption
of the eighteenth amendment, when
the manufacture and sale of alcoholic
beverages OF all kinds were prohibited
There is disposition of the Radio
Commission to contend that the pres
ent law makes it the duty of the COM
mission to respect complaints from
listeners. While the official announce
ment declares that it will designate
for hearing on their renewal apphca-
. tions for licenses all station managers
who are unmindful of the new rules
on liquor advertising, the unofficial
comment is that such steps will be
taken only when there is public COM
plant. The inference is that this will
be one way of satisfying complaints
| from dry areas of the country or from
those sections where it is presumed
children and others will promptly take
to the use of alcohol the moment they
hear about it on the radio.
The Government itself is in an
| anomalous position about the whole
| liquor problem. 1t wants revenue
from liquor to help pay for the doles
to the unemployed and to run the
Government, especially in these days
of S7,000,000,000 deficits. But the
theory evidently prevails in some
parts of the Government that the
bootleg trade in liquor hasn't been in
existence. This was not true of the
Presidents proclamation, which called
on the American people to confine
their purchases to the lawful industry.
The bootlegger, of course, would pre-
fer to have the public know as little
as possible about brands and the
legitimate products.
Censorship Important.
But the problem of whether the
Government in one division shall urge
the collection of liquor taxes and in
another shall refuse facilities to law
full industries or merchants is not
really half as important as the ques-
ton of whether Government bureaus
can control discussion or the trans
mission of sales materials. whether by
radio or by printed publications or by
circular letters.
One of the difficulties in making a
test of the new policy is that when a
radio station is called on to defend
its request for renewal of license.
the commission asks the station to
serve the public interest, convenience
and necessity" Thus the commits
| sion is not obligated to give its par
ticular reason for withholding a IL
cense; but the announcement of policy
just made unquestionably will fur
nish defending stations with q cause
for court action if they are refused
licenses because they permit over the
air announcements which are accepted
by the Post Office Department for cir