Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-05-11


four colleagues III
on the court, David Lawrence.
seeks to draw a distinction between
radio and the press on the ground
that wave lengths are limited and
hence must allocated by the Gov
eminent. But the decision doesn't
limit itself to judgment on the
power of the Federal Communica-
tons Commission to allocate or ra-
ton wave lengths-a point on which
there has been general agreement
heretofore-but states that Congress
has already granted the FEC power
to decide who shall get the wave
lengths and that the vague language
public interest, convenience and
necessity" is sufficient standard
for the regulation of the entire
broadcasting business if necessary.
Heretofore the phrase public in
terest, convenience and necessity"
was supposed to relate to possible
conflicts in mechanical facilities,
but now the Supreme Court has said
that, incident to the licensing
power, Congress may make rules or
delegate to the FEC the right to
regulate the entire conduct of the
broadcasting chains and stations.
Can Apply to Papers
II this principle is correct, it
means that it can be applied to
newspapers which also must depend
on licenses from the Government,
such as the second-class mail priv
ilege, and that it can now be used
as basis for deciding how many
newspapers there shall be in a given
city and how many magazines of a
particular type may be published
and just what may be the CONNER
cial practices governing the publish
ing of those media of commune
cation.
The Supreme Court majority has
made the same mistake which a ma
Jority made and then assisted in
reversing on the case of Jehovahs
Witnesses. In order to get at one
point, it made sweeping decision
that affected freedom of speech.
The decision just rendered means
that, even though Congress NAV
enact another statute specifically
limiting the powers of the FEC and
of the Post Office Department.
which issues seconG-class mail per-
mlts, a precedent has been created
lngeniously whereby the First
Amendment of the Constitution
governing the freedom of the press,
can be circumvented by the arbitrary
act of simple majority of Congress
In the future-perhaps a Congress
smarting under the criticism of q
press which is vigilant to point to
the wrongdoing of the Congress in
highly controversial matters.
Opinion by Five Men.
Justice Murphy and Justice Rob-
erts expressed the dissent of the
court, while two other Justices
Rutledge and Black-did not partici-
pate in the case, so the decision is
the opinion of five out of the nine
members of the court
I'm the dissemination of informa-
ton and opinion" said Justice
Murphy, radio has assumed posi-
ton of commanding Importance,
rivaling the press and the pulpit.
Owing to its physical characteristics,
radio, unlike the other methods of
conveying information, must be reg
ulated and rationed by the Govern
ment. Otherwise there would be
chaos, and radios usefulness would
be largely destroyed. But because
OF its vast potentialities as a medium
Of communication, discussion and
propaganda. the character and ex-
tent of control that should be exer-
cised over it by the Government is
. matter of deep and vital concern.
Events In Europe show that radio
may readily be a weapon Of author
tty and Misrepresentation, instead
OF a means Of entertainment and
enlightenment. It may even be an
instrument Of oppression. -
Remedy by Legislation.
The Communications Act Of 1894
does not in terms give the commits
sion power to regulate the contrac-
tual relations between the stations
and the networks. 1t is only as
an incident of the power to grant
Or withhold licenses to individual
stations that this authority is
claimed. 80
TO construe the licensing sections
as granting authority to require
fundamental and revolutionary
changes In the business methods of
the broadcasting networks-meth-
DDS which have been in existence
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