Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-06-10
Press and Radio
Hail Reversal
0fCourtCurb
Appellate Decision
Wipes Out Rule o04,
Hommond Believes
BY the Assoeioted Press

oAA &IAS1kE, OuIlS ~ III
reversal of contempt of cour
convictions against three Balti
more radio stations and a new,
commentator was hailed today a.
q great victory for freedom Of
the press and radio"
Meanwhile, the State Law De.
partment studied yesterday
Court Of Appeals decision to SCI
If there was a possibility of ap.
pealing 1t to the United States
Supreme Court.
Stations WFBR. WCBM anc
WITH and James P. Connolly
then commentator at WITH, were
convicted of contempt of court
for their broadcasts last summer
Of details of a Baltimore Grim
inal case.
The Baltimore court decided
they violated its unique rule
904," which forbids, among Other
things, the publication of state.
ments made by an accused in q
criminal case, his past criminal
record, and the giving out of such
information by police, prosecutors
or defense attorneys.
Rule Called Illogical.
BY ST. decision. the Appellate
Court held that a rule which
would condemn the publication
Of statements made by responsible
officials, but condone the publica-
ton of similar statements from
other sources, would be illogical
If not fatally discriminatory"
Attorney General Hall Ham,
mond said he felt the decision
killed all of Rule 904. He added
the State is considering an appeal
to the Supreme Court IF we find
the road to appeal is open. "
Robert C. (Jake) Embry, general
manager Of station WITH, said ii
the case is appealed. I'VE will well
come such a fight"
Judge Charles Markell filed the
lone dissent. He said he could not
agree with the majority of his
colleagues that the broadcasts did
not constitute a clear and present
danger" to a fair trial for Eugene
II. James. 81. colored handyman
convicted in the knife Staying of
11-year-old Marsha Brill last July.
James is under indictment in
Washington for the similar Staying
of Marsha Brill, also IL.
The defendants had broadcast
news that James had been arrested
and either that he had confessed
the crime or had a criminal record.
Finds Statements "FactuaI."
Judge William L. Henderson,
who wrote the majority opinion.
said those statements were not
argumentative "but were factual."
He said the Court of Appeals
found mo direct evidence of
prejudice in the community be-
cause of the broadcast informa-
ton" and added:
Trials cannot, be held in a
vacuum, Theoretically sealed
against rumor and report.
IF a mere disclosure of the
general nature of the evidence
relied on would vitiate (render
defective) a subsequent trial, few
verdicts could stand.
I'VE are well aware of the high
motives of the Maryland bench
and bar in attempting to keer
the stream of justice undefiled BY
sensationalism and the drama
tization of crime.
But we do not suggest that the
courts lack the traditional power
to discipline officials who are q
part of the administration OF
justice.
Finds No Present Danger.
1.-THE question whether they can
now deal with the radio stations
or the press in cases where the
statements are inflamatory, false
or designed to intimidate Is not
before us.
I'VE simply hold that upon this
record the broadcast did not
create such a clear and present
danger as to meet the constitu-
tional test.
Under rule 904, Baltimore news
papers have refrained from print
ing certain crime news of their
own city that has appeared in out
of town newspapers.
The Baltimore Bar Association,
the Junior Bar Association of
Baltimore and the Maryland Civil
Liberties Committee Joined the
State in supporting the rule.
Briefs attacking the rule were
filed by the A. S. Abel Co.. pub
Usher of the Baltimore Sun pa
pers; the National Association of
Broadcasters, the American So
ciety of Newspaper Editors, the
American Newspaper Publishers
Association and the American
Civil Liberties Union.
1McKelway Praises Ruling.
B. M, McKelway. president of
the ASNE and editor of The
Washington Star, said:
THE ASNE is gratified at the
courts decision and hopes 1t will
stand. The society has been de-
termined to seek removal Of what
1t regarded as an example of
newspaper censorship"
In New York. Cranston VIII
iiams. general manager of the
American Newspaper Publishers
Association. said he was very
pleased" with the decision. It sis
in line with several decisions made