Evening star., 1949-09-08
Newspaper Postage
Bill Seen Abridging
Freedom Of Press
Discrimination Charged
In Provision to Exempt
Smaller Periodicals
Bv David Laurence

that Congress shall make no law
abridging the freedom of the
press, the question of what does
or does not violate this provision
is determined by the Supreme
Court of the United States in
specific instances.
The American Newspaper Pub
fishers Association. through it,
general manager. Cranston Will
liams, has just lodged with Con-
gress a protest that the pending
bill to discriminate between news
papers with different sized circu-
lations is directly contrary to
what the Supreme Court has de-
cided is an infringement of the
Constitution.
Mr.. Williams points out that a
subcommittee of the Senate Post
Once Committee has approved
increases in second-class postage
rates but would exempt from the
proposed increases. weekly news
papers having not more than
5000 circulation and daily news
papers having not more than
10000 circulation. The bill also
provides certain differences of
rate depending on the nature of
the contents and favors certain
publications with a lesser amount
Of one type of content.
Recalls Huey Long Move.
"1n 1886 when the late Huey
Long was Governor of Louisiana,
says Mr.. Williams in a letter to
all members of the Senate ano
House, ''he was instrumental in
having the State Legislature pass
o law classifying the press for
purposes of taxation. That law
attempted to tax newspapers hav-
ing total calculations each week
in excess of 10000. The aim was
to reach the daily newspapers OF
the State and not tax the weekly
newspapers. The United States
Supreme Court eventually passed
on the validity of that law and
declared it to be invalid, saying
"A free press stands as one of the
great interpreters between gov
ernment and the people. To allow
it to be fettered is to fetter our
selves The highest court held
the Louisiana law unconstitu-
tional under the due process OF
law clause because it abridged the
freedom Of the press and because
the tax restrained the press by
curtailing revenue from advertis-
ing and by a tendency to restrict
circulation. This was in violation
of the first amendment to the
Constitution.
I'm my opinion the present pro-
posals in the Congress with respect
to second-class postage rates and
the wage-hour law are attempts to
classify the press for purposes OF
Government regulation.
IF the Congress has the power
to classify the press as now pro-
posed under amendments to the
wage-hour law and determining
second-class postage rates, there
would be no limit. apparently, to
the power of the Congress to break
down the press and exempt those
which it might favor and oppress
those which it wanted to punish.
II the Congress has the power to
classify the press based on volume
of circulation, advertising content
or area of circulation. the Congress
might go further and classify the
press according to the quality
quantity and type of news content
There can be no such thing as "a
free press in the United States If
the Congress can exercise such
powers with ultimate approval by
the United States Supreme Court
THE American Newspaper Pub
fishers Association does not say
that newspapers are exempt from
any of the ordinary taxes imposed
upon all business but it does take
the position that the Congress
under the Constitution of the
United States does not have the
power to classify the press for pur-
poses of regulation regardless OF
the purpose"
Raises Wage Hour Point.
Mr.. Williams also raises a point
about proposed amendments to the
present wage and hour law re-
Gently passed by the House and
pending In the Senate. He says
that exemptions from minimum.
wage requirements are to be
granted to ANY employe employed
in connection with the publication
of any weekly, semiweekly or
daily newspaper with a circulation
of less than 5000, the major part
OF which circulation is within the
county where printed and pub
lished or counties contiguous
thereto"
A. similar provision, fixing the
exemption for weekly and semi.
weekly newspapers up to 5000
circulation, is already in the exist
ing law. The mere fact that Con.
gress at will imposes financial
burden based on size of circulation
is manifest proof of the discrimi-
nation being practiced as against
other publications. for example
with $500 circulation today OF
$500 circulation under the pro.
posed act.
These abuses Of power could, o1
course, be protested in the courts
but Congress ought not to impose
the burdens in the first instance.
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L. h Why Mountain Valley