Evening star., 1949-01-27
Freedom Of Press,
Fair Trial Debated
In Contempt Case
BY the Associated Press

-" WV
BY the Associated Pres.
BALTIMORE, Jan. 27.-Two law
principles - freedom of the press
and the right OF those accused to
a fair criminal trial-were a main
debating point today at hearing of
four radio stations charged with
contempt of court.
The basic constitutional questions
came to the fore yesterday at open
ing of the hearing before Judge
John B. Gray.
At issue is Rule 904 of the Balti-
more Criminal Court. The rule, in
limiting publication of crime news,
forbids publication of any matter
which may prevent fair trial, i'm
properly influence the court or jury,
or tending in any manner to inter-
fere with the administration of
justice"
When five radio stations broadcast
last summer that Negro handy
man confessed to the Staying of an
ll-year- old girl, they were cited for
contempt. The court also objected
to reporting that the defendant had
a previous criminal record.
Conflict in Principles Cited.
Radio Station, WBAL was given
severance from the current hearing.
Being heard are the citations against
WCBM, WFBR, WSID and WITH
and its news editor, James p. Con-
molly.
Anselrn Sodaro, assistant States
attorney, said: "One OF the impor-
tant issues raised by the contempt
citations is the conflict between the
constitutional principle of freedom
Of the press and its possible restric-
tions OH the power Of the judiciary
to protect its processes"
He held that broadcast of the
fact that Eugene James had con-
fessed to the knife-murder of Marsha
Brill meant administration of justice
faced "a clear. present and i'm
minent danger" James was con-
victed and his appeal is pending.
Publishers File Brief.
The American Newspaper Pub
fishers Association, represented by
Elisha and Arthur B. Hanson, told
the court in a brief filed:
Probably no more stringent rule
for censorship of the press and con-
troll of the dissemination of impor-
tant information concerning crime
has ever been laid down in this
country.
"As long as Rule 904 stands, 1t is
impossible for any newspaper or
radio broadcast station within the
jurisdiction of the court to publish
news of crime, in which the public
is vitality interested, without first
obtaining approval Of the court Of
the matter proposed to be published.
THE application of Rule 9O4 here
turns the pages of history back to
those days in the mother country
when publishers, writers and editors
were placed under good conduct
bonds and forced to submit their
copy to censors for onicial approval
before publication"
Public Record Stressed.
Hilary Cans, representing WITH
declared publication of a confession
before trial and mention Of a de-
fendant's previous record did not
constitute clear and imminent"
danger He said the confession could
be available before trial if admitted
at a preliminary hearing and that
criminal records are public records
available to any one.
The rule was termed a drastic
piece of legislation" by James
Lawrence Fly, former chairman of
the Federal Communications Com
mission. Appearing for the American
Civil Liberties Union which Is sup
porting the radio stations, Mr.. Fly
said:
1T uses the most summary process
OF punishment known to our system
of law. 1t is constant, ever -effec-
tive system of censorship"
In addition to the State, the
Baltimore Junior and Senior Bar
Associations and the Maryland Civil
Liberties Committee are supporting
the citations. The National Associa-
ton of Broadcasters, the American
Society of Newspaper Editors, the
American Newspaper Publishers
Association have joined the Ameri-
can Civil Liberties Union in back
ing the radio stations.
Asks to Intervene.
The American Society of News
paper Editors said it asked to inter-
vene because rights denied the
broadcaster today may be taken
from the editor tomorrow"
The ASNE brief. filed by William
Marbury of Baltimore who also is
one of defense council, said that Ito
strike the proper balonce between
the freedom of expression and the
rights of litlgants to an unprejudiced
trial Is the central problem"
The brief argued that the Balti-
more rule has repeatedly operated
to prevent the publication of news
by the press. so much so that on
effective censorship of items relating
to proceedings in the criminal courts
of Baltimore City appears to have
been established.
There can be no substitute for
freedom of expression. Without it
there can be no impartial admini-
stration of justice. The influence OF