Evening star., 1939-11-22
Handbi|I Bans
Of Cities Ruled
Unconstitutional
Supreme Court
Calls Curbs an Attack
On Press Freedom
BY ]. A. FOX.

clared unconstitutional municipal
ordinances prohibiting the distribu-
ton of handbills or circulars on the
streets of Los Angeles, Milwaukee
and Worcester, Mass, holding such
ordinances are calculated to abridge
freedom of speech and press.
In addition, the court declared
void an Irvington IN. j. ordinance
prohibiting the canvassing of homes
for the sale of booklets without
first obtaining a permit from the
chief of police.
Convictions of four persons un-
der the ordinances had been upheld
in the lower courts. The four cities
had defended the ordinances gen.
orally on the ground they were
proper exercise of police power.
The Supreme Courts answer to
the Irvington plea was: ITO require
censorship through license which
makes impossible the free and un-
hampered distribution of pamphlets
strikes at the very heart of the con-
stitutional guarantees"
(The District of Columbia has an
anti-littering ordinance that officials
said today was interpreted and ap-
piled in line with the Supreme
Court decision)
Another ruling by the court today
affirmed the action of Federal Dis
trict Judge Patrick T. Stone in
dismissing indictments against II
defendents in the Madison, Wis, oil
antitrust case six months after they
had been convicted by the jury.
The judgment of Judge Stone was
affirmed by an equally divided
court" said an announcement by the
| high tribunal. The late Justice
Butler did not participate in the
| case.
Among other actions, the court
announced the appointment OF
Henry P. Chandler. Chicago attor-
ney, to be director of the admins
/ trative Office of United States
Courts He will supervise the Fed
eral Circuit and District Courts, with
view to promoting efficiency ano
relieving congestion.
Justice McReynolds Dissents.
The Irvington ordinance case was
appealed by Jehovas Witnesses, a
religious sect The Los Angeles case
came up on appeal from group tina,
was promoting a meeting in the in
terest of the Spanish Loyalists. The
two others were labor cases.
The court handed down one opin.
ion in the four cases, which was
written by Justice Roberts. Justice
McReynolds announced dissent
and the late Justice Butler took nt
part in considering the cases.
In treating the Irvington ordi.
nance, the court said.
"Conceding that fraudulent ap.
peals may be made in the name oi
charity and religion. we hold g
municipality cannot. for this reason
require all who wish to disseminate
ideas to present them first to public
/ lltCS 1Ol bllCA CollSIdCl
and approval with discretion ir
the police to say some ideas may
while others may not, be carried tt
the homes of citizens: some person!
may, while. others may not, dissem-
mate information from house tt
house.
Convenience Not the Point.
Frauds may be denounced a.
offenses and punished by law. Tres.
passes may similarly be forbidden
If it is said that these means art
less efficient and convenient thar
bestowal of power on police author.
tiles to decide what information may
be disseminated from house tt
house, and who may import tn.
information, the answer is that con.
siderations OF this sort 90 not EN-.
power a municipality to abridg.
freedom of speech and press
I'VE are not to be taken as hold
ing that commercial soliciting ant
canvassing may not be subjected t,
such regulation as the ordinance
requires. Nor do We hold that tn
town may not fix reasonable hour
when canvassing may be done b,
persons having such objects as tn
petitioner. Doubtless there are othe
features of such activities which
(See HANDBILLS, Page A-8)