Evening star., 1943-05-25

or is not good for the citizens gen.
orally.
Thus the Supreme Court, a major-
ity of whose justices have been ap-
pointed under the New Deal, now
has affirmed the principle that any
Governmental agency which con-
fers any license or permits the use
of any Governmental facility can
control the means of expression in
peacetime as well as in war. The
radio has been swept from under the
protection of the Bill of Rights by
q recent decision of the court.
The answer to such decisions is
not to try to remove the justices.
That was tried by President Roose-
welt in 1887 and strongly disapproved
by Congress, though a good many
rubber-stamped members and many
outside of Congress were ready to
go along with the theory that when
you don't like the umpire all you
need to do is to contrive some way
to remove him from the power to
decide
Decision Repeal Possible.
There is lawful way to repeal
Supreme Court decisions. 1t is to
amend the Constitution so as to
make explicit the guarantees which
previously had been believed to be
implicit in the Bill of Rights. Not
only is radio but the press and every
other medium of expression in
danger of Federal control today by
reason of the support given by a
New Deal majority on the Supreme
Court to the idea of administrative
absolutism. The new doctrine Is
that any broadly phrased language
IN statute is a legislative standard
and that even the right of review of
administrative agencies in the courts
khould be drastically curtailed.
What means of protection is there
for the media of public expression?
What language in the Constitution
radio and any new means Of COM
mun1cation, such as television, so
that the excuse of limited facilities
shall not be used to interfere with
the free exercise by radio broadcast
ing stations of the licenses given
them without intimidation by any
body In Government? What phrases
can be written into the Constitution
to protect the newspapers of the
United States against the misuse OF
the commerce clause of the Con-
stitution to attempt to control the
press associations Of America which
gather and disseminate news?
Suggested Amendment
One suggestion for constitutional
change would amend the first article
of the Bill of Rights, namely the
First Amendment of the Constitu-
ton, so that this section would be
added:
The grant, sale or lease of any
facilities by the United States to
the press to radio broadcasting, to
television, or to any other medium
of public expression shall not vest
in the Congress or in any executive
agency or in the several States the
power to limit, restrict or regulate
the contents of any printed publica-
ton, radio program or creative work
emanating from any medium of pub
lie expression except as any Of these
media may offend against the COM
mon law governing fraud, obscenity,
or libel or as they may disclose mill
tary information in time of war in
contravention of the laws passed by
Congress"
1t will be argued that the present
laws and the wording of the free
speech amendment are adequate
guarantees and this logically would
be true if the American people were
immune from the effects of decisions
Of capricious- minded judges who
have lost their sense of objectivity
under the New Deal. But SO long
as there are judges chosen from the
official clique Of administrative abso-
lutistS. the Nation cannot be sure
that it has in the judiciary an in
dependent branch of the Govern
ment which will safeguard the free
speech and free press clauses of the
Constitution.
The decision in the case of radio
broadcasting issued recently shows
particularly trend toward govern
mental control of that means of
communication which, taken to-
eether with the prosecution of the
member newspapers of the Associ-
ated Press. reveals prejudice and
political policy against which the
people cannot be protected by the
judiciary's whims. 1t can be pro-
tected against them only by a
change In the Constitution itself.
RAnrnduetiou p,nh..