The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1950-10-05
The Fight For A Free Press In America
Has Been A Battle OF The Common Man

leralist administration of John
Adams would not be renewed
when they were scheduled to ex-
pire in 1901. These laws had linn
tied the activity of editors and
writers and had made them vuI-
nerable to the political whims OF
those in power. Although few
were convicted under the Alien
and Sedition laws. they remained
a threat held over the heads OF
each editor TO see that he soft
pedal any criticism he might have
of the administration in power.
Two outstanding cases in this
century concerning freedom OF
the press that have been passed
on by the United States Supreme
Court have been those that have
gone up rom the state courts of
Minnesota and Of Louisiana.
The former case is based ON a
statute passed by the Minnesota
state legislature which provided
that person engaged IN the
business of publishing a MALI
cious, scandaIous, and defamatory
newspaper could be found guilty
of maintaining a nuisance and
could be enjoined perpetualIy
from continuing the publishing
Of the paper. A case was brought
up under this statute and enjoin-
ment was twice upheld by the
Minnesota State Supreme Court.
But when the case was carried
to the United States Supreme
Court, the state court decision
was reversed and that statute
was held to be an infringement
Of freedom Of the press, because
it imposed a previous restraint
upon publication equivalent to
censorship. The decision taken
by the u. S. Supreme Court
finally established by precedent
the rule that freedom of the
press and of speech are definite
" included in the liberty pro-
tected by the Fourteenth Amend
ment from state encroachment.
The Louisiana case grew out
of Huey Longs fight with the
newspapers of the state and his
attempt to force them into line.
The state legislature Of Louisi-
ana passed an act in 1884 which
placed two per cent levy against
the gross receipts Of all news
papers having weekly circuia-
ton of more then 10000
The legislative act was upheld
BY the state courts, but was re-
versed by the United States SUI
preme Court. which found the
act Unconstitutional on the
ground that the tax was an m
direct method of limiting the
circulation of information 70
which the public was entitled
by virtue of their constitution
al guarantees.
The Supreme Court decision
emphasized the need for a fred
press in these words. "A free
press stands as one Of the great
interpreters between the govern
ment and the people. To allow
it to be fettered is 70 fefter our
selves"
Thus, through almost 800 years
the American people. as citizens
Iof Great Britain and of thd
United States. have through
their leaders and through their
own power of public opinion in
sisted that the right to speak and
to write be left free of govern
mental restrictions. Newspaper
editors as group have taken
/ upon themselves the ethical re-
Isponsibility of voluntary self
restriction 10 protect the general
welfare Of the public and to
meet the demands of good taste
and decency.
The strength of a people is in
| its right to talk and to be heard.
and to formulate a public opinion
which viii include the democrat
ic views which jefferson and
most Of our leaders have claimed
for each American.