The Washington times., 1936-02-11
COURT ASSAILS
CURBS ON
PRESS
Fetters on News Is
Held Grave Peril
To Nation a

Vigorously proclaiming the free
dom Of the press, the Supreme
Court yesterday ruled unconstitu-
tional the Louisiana law which
places q discriminatory tax on
newspaper advertising. The de-
cision, by unanimous vote Of the
nine Justices, was read by Justice
Sutherland. In ringing tones, he
declared:
"Since informed public Opin-
ion Is the most potent Of all re-
straints upon misgOvernment,
the suppression or abridgement
Of the publicity afforded by .
free press cannot be regarded
otherwise than with grave con-
Germ.
GREAT INTERPRETER"
"a free press stands as one Of
the great interpreters between
the government and the people.
To allow It to be fettered IL to
fetter ourselves"
The tax which the court rejected
was personally piloted through the
Louisiana legislature in 1884 by
Huey Long, late Senator and dicta-
tor Of the State.
It required all newspapers and
other periodicals having a weekly
circulation Of more than 10000
to pay a license tax Of 2 per cent
Of their gross advertising revenue.
or cease publication. It applied
also to motion picture advertis-
ing, but not to radio, street car
or outdoor advertising.
Mu1zling Charged
It was assailed by nine COM
panies, publishing 13 newspapers.
who declared the act was q de-
liberate effort to muzZle tn e
press. They charged Long had
drafted the law in such terms
as would exempt papers favor.
able to him.
Attorneys for the papers, headed
by Elisha Hanson, general counsel
for the American Newspaper Pub
fishers Association, declared Long
had said If the tax was not high
enough "to shut up the news
papers" he would raise 1t.
BY coincidence, the ruling was
handed down within the hour
Mrs. Huey Long was sworn in to
fill the Senate seat vacated by the
death Of her husband.
The newspapers contention the
tax was q violation Of the con-
stitutional guarantee Of freedom
Of speech and press was fully up
held by the court. The opinion
said:
'Tt. operates as . restraint
in o double sense. First, its
effect is to curtail the amount
Of revenue realized from adver.
tising, and. second, its direct
tendency Is to restrict circula-
tiOn.
"This is plain enough when
we consider that, IL It were in
creased to q high degree, as
it could be II valid, IL well
might result in destroying both
advertising and circulation"
PRAISE FOR PRESS
In high praise Of the nations
press, the court declared:
"The newspapers, magazines
and other journals Of the cOun.
try, it Is safe to say, have shed
and continue to shed more light
on the public and business af-
fairs Of the nation than any
other inStrumentality Of pub
licity.
"The tax here involved is bad
not because il takes money from
the pockets Of the appellees. If
that were all, o wholly differ.
ent question would be presented.
''It is bad because, in the light
Of history, and Of its present
setting, il Is seen to be delib-
crate and calculated device In
the guise Of q tax to limit the
circulation Of information to
which the public Is entitled In
virtue Of the constitutional guar.
antees."
Even with the persistent search
for new objects Of taxation" the
court said it is mot without sig
nificance" that, with the excep
tion Of Louisiana, no State has un'
dertaken to impose q tax such as