Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-05-12

OF bureaucracy to SuperSede what
had been supposed was a constitu-
tlonal right of freedom of speech
over the air means that the public
will now be interested in the arbi-
trary method by which the FEC has
drawn up regulations exercising a
power of coercion, amounting to in
timidation, over the radio stations
and networks.
The licensing power according to
the Supreme Court decision, now
can be used to revoke or to threaten
to revoke radio stations license if
the FEC thinks it is in the public
interest" to do so. What constitutes
public interest" is left wholly to
the FEC to decide.
All radio stations and networks
now become the football of politics
they must stand in with the adj
miniStration in poWer-they must
give time on the air to political
propaganda and generally do those
things which in Europe have made
radio the subservient tool of die
tatorships.
Clue in Opinion.
The clue to this dictatorial atti-
tude is to be found in the words of
Justice Frankfurter' own opinion.
He quotes approvingly the follow
ing paragraph from an FEC de-
cision:
Regardless of any changes that
may occur in the economic, polit-
ical or social life of the Nation or
the community in which the sta
ton is located, CHS and NBC af-
flliates are bound by contract to
continue broadcasting the network
programs of only one network for
five years"
But later on in the Supreme
Courts opinion, Justice Frank
furter denies that the Federal
Communications Commission has a
right to take into account in grant
ing licenses any political, social or
economic views. He says:
But CONGRESS did not authorize
the commission to choose among
applicants upon the basis o. their
political, economic Or social views.
or upon any other capricious basis"
Justice Frankfurter seems to
think that the owner of a station
isn't capable of thinking for himself
and that if he wants to make a con-
tract with one network for five
years because he likes their pro-
grams, the manager of the station
In question must be prevented from
doing so, because during those five
years presumably there may be
changes in the economic, political
or social life of the Nation or of
the community" He concurs in
the FEC argument that the future
necessities Of the station and the
community are not considered" and
that the station icensee is unable
to follow his conception of the pub
lie interest until the end of the five
year contract"
Bureaucratic Solution"
What the foregoing really means
Is that the citizen isn't capable of
making contracts if he happens to
be owner of a radio station and that
he needs his maSter-the all-power-
full State-to protect him.
Apparently Justice Frankfurter's
solution is to tell the radio stations
what they can or cannot do bv
means of Federal agency composed
OF bureaucratS who will do what
ever the administration in power
wants them to do. There is a good
deal of sophistry in his treatment of
the plea of the broadcasting COM
panies that they be considered with
in the Bill of Rights governing free
speech.
IF that be So" he says, ct would
follow that every person whose ap-
plication for license is denied by
the commission is thereby denied his
Constitutional right of free speech. :"
Other Factors Involved.
But there are sound grounds, such
As mechanical considerations and
conflicts Of wave lengths, which have
always been proper grounds for de-
NAL of licenses. To say that when
the free speech plea is entered, this
means every license application
would stand or fall hereafter on
that ground is to introduce dema-
| SPE,