The Republican. [volume] (Oakland, Md.) 1877-current, 1936-02-13
SUPREME COURT UPHOLDS
FREEDOM OF THE PRESS
Licensing Tax on Louisiana
Papers Invalid-Levy Strikes
at Basis of Political Rights


Louisaan newspaper tax imposed dur
ing the late Huey P. Longs regime.
A strongly-worded opinion read by
Justice Sutherland held the levy-im
posed only on large publications-wa
deliberate and calculated device
to restrict the circulation of informa
ton"
Citing the nations constitutions
guarantee of free press, the court
added the Louisiana tax was "sus
picious" in form, and levied with the
"plain purpose of penalizing publish
ers."
(The tax law-passed in 1884 al
Longs request-required publishers
both newspaper and magazine, with &
circulation of 10000 or more weekly
to pay the state 2 per cent of gross
receipts from their advertising).
Sutherland said:
"The newspapers, magazines,
and other journals of the country,
it is safe to say, have shed and
continue to shed more light on
the public and business affairs of
the nation than any other instru-
mentality of publicity; and since
informed public opinion is the
most potent of all restrains upon
misgovernment, the suppression
or abridgement of the publicity
afforded by free press can not
be regarded otherwise than with
grave concern.
"The tax here involved is bad,
not because it takes money from
the pockets of the appelees. If
that were all, wholly different
question would be presented. 1t
is bad because, in the light of it's
history and of its present setting,
it is seen to be a deliberate and
calculated device in the guise of
a tax to limit the circulation of
information to which the public
is entitled in virtue of the consti-
tutional guarantees.
GA free press stands as one of
the great interpreters between
the government and the people.
To allow it to be fettered is to
fetter ourselves"
The attack on the law was brought
by nine publishers of thirteen news
papers, the only ones within Louisiana
having a circulation of more than
10000 copies weekly.
These papers opposed policies of
the Long regime, which controlled the
state legislature.
GIN view of the persistent search
for new subjects of taxation" Suther-
land said, at is not without signif-
canoe that, with the single exception
of the Louisiana statute, so far as we
can discover, no state during the $50
years of our national existence has
to impose tax like that
now in question.
"'The form in which the tax is i'm
posed is in itself suspicious. 1t is not
or limited by the volume OF
1t is measured alone by
the extent of the circulation of the
in which the advertise
ments are carried, with the plain pur-
pose of penalizing the publishers and
the circulation of a selected
group of newspapers"
Having reached the conclusion
that the act imposing the tax in
question is unconstitutional under the
due process of law clause because il
abridges the freedom of the press" he
added, 1--WE deem it unnecessary tc
consider the further ground assigned
that it also constitutes a denial of the
equal protection of the laws"
Held Restraint of Press
In his 4,00O-word opinion, Suther-
land said the contention the law vic.
lated the due process clause presents
a question of the utmost gravity anc
for, if well made, it goes
to the heart of the natural right Of
the members of an organized society
united for their common good, to i'm
part and acquire information about
their common interests"
"The tax imposed" he said, 81:
designated a license tax for the privi
lege of engaging in such business
that is to say, the business of selling
or making any charge for advertising
GAS applied to appellees, it is ta1
of 2 per cent on the gross receipts de
rived from advertisements carried IL
their newspapers when, and onl!
when, the newspapers of each enjoy
circulation of more than 10000 copies
per week. It thus operates as re
straint in a double sense.
"First, its effect is to curtail thu
amount of revenue realized from ad
vertising, and second, its direct ten
dency is to restrict circulation. Thi'