Evening star., 1937-04-13


members and as supplier to member.
OF news gathered through its owr
domestic and foreign activities.
These operations involve the con.
slant use of channels Of interstate
and foreign communication. They
amount to commercial intercourse
and such intercourse is commerce
within the meaning Of the Constitu.
tion. Interstate communication OF 9
business nature, whatever the mean.
of such communication, Is interstat,
commerce regulatable by Congress
under the Constitution.
Effect Of Strike on
Petitioner Is Cited.
Referring to the claim Of the peti-
toner that editorial employees such
as Morris Watson are remote from any
interstate activity and their employ.
ment or tenure can have no direct OF
intimate relation with the course Of
interstate commerce, the ma jority de.
clared:
We think, however, it is obvioul
that strikes or labor disturbance,
among this class of employees woulc
have as direct an effect upon the &C.
tivities OF the petitioner as similal
disturbances among those vino oper
ate the teletype machines or as {
strike among the employees of tele
graph lines over which petitioner!
messages travel"
Directing himself next to the issu,
OF freedom Of the press, Justice Rob.
erts declared fatty that the ma ajority
holds the opinion that the statut,
does not abridge the guarantees o.
the first amendment.
Reviewing the contention of tn,
petitioner, Justice Roberts continued
1T is insisted that the Associated
Press Is in substance the press itself
that the membership consists solely
OF persons who own and operate news
papers, that the news is gathered
solely for publication in the news.
papers of members.
Stress is laid upon the facts thai
this membership consists of person,
OF every conceivable political, econom.
ic and religious view. that the one
t ing upon which the members are
united is that the Associated Press
shall be wholly free from partisan
activity or the expressions of opin-
ions.
The conclusion which the peti.
tioner draws is that whatever NAV bt
the case with respect to employees ir
It's mechanical department. it mus
have absolute and unrestricted free.
dom to employ and to discharge thost
who, like Watson, edit the news. tina
there must not be the slightest oppor.
tunity for any bias or prejudice per,
sonally entertained by an editoria
employe to color or to distort wha
he writes. So it is said that any regu
lation protective of union activities
or the right to collectively bargain or
the part of such employees. Is neces
sarily An invalid invasion of the free.
dom OF the press.
We think the contention not only
has no relevance to the circumstance!
Of the instant case, but Is an unsounc
generalizati ton.
"OstensibIe Reason" for
Dismissal Of A. p. Worker.
The ostensible reason for Watson.
discharge, as embodied in the record.
Of the petitioner. is solely on tht
grounds Of his work not being on Z
basis for which he has shown capa
bility.' The petitioner did not asser-
and does not now claim that he hac
shown bias in the past 1t does no
claim that by reason of his connection
with the union he will be likely as tn.
petitioner honestly believes, to show
bias in the future. The actual reason
for his discharge, as shown by the
unattached finding Of the board wa,
his guild activity and his agitation fol
collective bargaining.
The statute does not preclude 8
discharge on the ostensible ground fol-
the petitioners action; it forbids dis
charge for what has been found to be
the real motive of the petitioner
These considerations answer the sug-
gestion that If the petitioner believed
its policy of impartiality was likely
to be subverted by Watson's contin-
ued service, Congress was without
power to interdict his discharge. No
such question is here for decision
Neither before the board. nor in the
court below, nor here has the petition
er professed such belief"
Justice Roberts next emphasized
that the act does not require reten-
ton Of incompetent or unfaithful en-
ployes.
The restoration Of Watson to his
former position" the majority opinion
continued, "in no sense guarantees
his continuance in petitioners employ
The petitioner is at liberty, whenever
occasion may arise, to exercise its un-
doubted right to sever his rela tionshir
for any cause that seems to it proper
save only as punishment for, or dis
couragement Of, such activity as the
act declared permissible"
Cites Other Rules Governing
Newspaper Conduct.
Emphasizing the fact that the AS
sociated Press and its member news
papers are subject to such regulation
as laws Of libel, taxation and anti
trust statutes, Justice Roberts con-
tinued, "the regulation herein ques-
toned has no relation whatever to the
impartial distribution of news The
order Of the board in no wise circum-
scribes the full freedom and liberty
Of the petitioner to publish the news
as 1t desires it published or to enforce
policies Of its own choosing with re-
spect to the editing and rewriting OF
news for publication, and the petit
toner Is free at any time to discharge
Watson or any editorial employe who
fails to comply with the policies II
may adopt"
Other contentious Of the petitioner
as to invalidity OF the act were An
l - II