Evening star., 1942-04-16


the latest and perhaps the most SEN
sational effort yet made by the
Roosevelt administration to stifle
press criticism in wartime.
The magazine Social Justice,
founded IN 1896 by Father Coughlin,
has been barred from the mails.
The statute under which this is
alleged to be justified is the Espion-
age Act of 1917, which says that any
matter In violation OF that law can
be declared "non-mailable" by the
Post once Department.
But there has been no hearing
and no indictments and no actual
court proceedings under the statute
and yet 10 all intents and purposes
the action of the Postmaster General
in ordering the current issue of
Social Justice withheld from the
mails is suffcient to stop the publ
cation from circulation.
Procedure Questioned.
The question at issue is not
whether the magazine should or
should not be suppressed-America
unquestionably win not miss such a
vituperative journal-but whether 1t
shall be killed of by a simple edict
of governmental department
without any formal hearing or with
out any opportunity for the publica-
tion to protect itself against irrepar-
able damage.
The question at issue is not
whether Social Justice is guilty of
violating the Espionage Act, but
whether Congress intended that any
publication which happens to print
matter called "non-msilable," but
really unpalatable to the admins
tration in power during wartime
shall be subject to suppression over
night.
No great harm would have ensued
In giving the editors of the publica-
tion in question a reasonable time
within which to appear at hearing
and present their defense or within
which to file proceedings against
individuals alleged to be financially
supported by or in contact with the
enemy. .--s..--..
Intent Is Chief Factor.
An examination of the ATTORNEY
Generals formal complaint lists va
rious quotations from Social Jus
tice which plainly parallel the view
point of the Axis powers in trying
to promote disunity In America.
This In itself Is not violation of
the law because nearly every news
paper In America for the last two
years has printed press association
dispatches from Berlin publicizing
E~idely the rawlings of Hitler and
his denunciation OF racial groups
In our midst. Mere printing of Axis
propaganda is not in itself a vio-
lation OF law. What matters is
whether the intent of the editors
Is Ito interfere with the operation
or success of the military or naval
forces OF the United States or to
promote the success of its enemies. +"
The Attorney General must prove
to the satisfaction of jury that
the editors of the publication sought
''wilfully to cause insubordination,
disloyalty. mutiny or refusal of duty
in the military or naval forces OF
the United States"
Inference Not Sufficient
About the only tie-up adduced by
the Justice Department is that men
In the armed forces doubtless are
reading the pro-Axis propaganda
in Social Justice, The inference is
plain that the magazine was SYM
pathetic with the Axis cause, but
the statute does not permit infer
ence to be substituted for proof OF
an enemy connection.
Few persons in America can have
any sympathy with the vicious prop
aganda contained in Social Justice
but the tests proposed by Justice
Holmes become pertinent Is this
freedom for the thought We hate
or is this crying fire in crowded
theater"9 Certainly II is not the
former and if it is the latter is
there proof that Social Justice Gre
ates a contlagration in theatel
or just a bonfire on a vacant lot
II is possible that the vast ma
jority OF Americans. including mer