Evening star., 1942-06-26


so. then not only should the period
icals be suppressed, but their own
ers and editors brought to trial as
provided in the law.
II, on the other hand. the prin-
eipal offenders who have been
spreading poisonous material in
their publications can go scot free
merely by folding up their publica-
tions, a precedent has been created
whereby a mere threat of suppress
sion or post Office order is suf-
ncient to punish the expression Of
opinion in America when such opin-
Ion happens to be unpalatable to
the administration in power.
The only formal explanation is
Hued by the Post Office Department
as to legal justification is in a case
where the Justice Department has
followed up the charges properly
and filed indictments under the
espionage law. This statute pro-
vides that whoever willfully makes
or conveys false reports or false
statements with intent to interfere
with the operation or success of the
military or naval forces of the
United States or to promote the
success Of its enemies shall be
punished by fine not more than
$4,000 or Imprisonment for not
more than 20 years or both"
Barred From Mails.
The Post Ofice Department points
out that the same law declares
that any matter in violation of this
statute is mon -mailable matter and
shall not be conveyed in the mails
or delivered from any post office or
by any letter carrier"
But what is a violation of the
espionage law? Can the Post Of
flee Department determine in ad-
vance of prosecution by the JUS
tice Department that the law has
been violated? There are many
who feel that the only way a vio-
lation of law can be established
as having occurred is by proper
trial and prosecution.
But assuming that the Post ONCE
Department is right about it and
publications can be denied second
class mail privileges and all other
rights to use the mails just be-
cause the Post Office Department
believes the law has been violated,
does this not place on the Justice
Department now the obligation to
follow through and prosecute those
whom the Post ONCE Department
has charged with violation of the
espionage law? Under what rule
Of law or governmental policy can
persons charged with distributing
printed matter declared to have
been in violation of the espionage
law become immune from prose-
cution?
Intent May be Factor.
It may be that the reason why
the individuals connected with two
out of the 30 allegedly seditious pub
lications have been indicted and the
rest have not yet been prosecuted
Is related to absence of convincing
proof of willful intent. Intent is
difficult to prove. 1t is difficult also
to establish a link with an enemy
government as there are individuals
who do not need any inspiration
from a foreign government to carry
on their crusades.
A prosecuting attorney. however
might we'll consider whether in ef-
feet the publication of the material
in question does consistently show a
purpose to defeat the efforts OF our
military and naval forces. The
juries would be competent to decide
whether the repetition of false
statements concerning our military
and naval forces is or is not willful
and deliberate.
In the absence of prosecutions,
however, the freedom of the press
is left with a dangerous precedent
hanging over its head. Should the
Post ONCE Departments action in
suppressing publications, before any
violation of the Espionage Act has
been proved, become the Govern
ment's policy, it would be possible
for the powers of censorship to be
exercised by the Post Ofhce De-
pertinent.
Possible in Peacetime.
II Congress wishes to delegate the
censorship power in wartime to the
Post Office Department, 1t can con-
additionally do so. But If the rea-
soning is allowed to stand on exist
ing statements bv the Post Office
Department and there are no con-
victions under the Espionage Act,
then the way is opened for similar
pressure even during peacetime, so
that publications wishing to be safe
from losing their second-class mail
ing privileges must be watchful lest
they arouse the antagonism of the
administration in power
The late Justice Brandeis, in a
famous dissenting opinion growing
out of a case in World War I, de-
nounced the taking away of mailing
privileges as a means Of Furnishing
unpopular opinion. The American
Civil Liberties Union lately has
been criticizing the Post ONCE De-
partments position as a denial of
civil rights. The public. of course
& doubtless glad that the obnoxious
publications are suppressed but, as
In the case of lynchings, the prin-
ciple of proper procedure is more
important than the temporary re-
spite given wrongdoers.
(IsDrodurtion Rishtx R.ssrva6N