Evening star., 1952-05-26
Transit Radio Broadcast Upheld
In 7-to-1 Decision by High Court;
Douglas Writes Strong Dissent
Frunkfurter Fails
To Participate as
'AngYVict
By Robert K. Walsh

The Supreme Court ruled, seven
to one, today that radio broad
casts are legal on Capital Tran
sit Co. streetcars and buses.
The tribunal reversed a deci-
sion by the United States Court
Of Appeals here last June that
commercial radio broadcasts of
that kind violate the constitu-
tional rights of riders.
Justice Douglas dissented from
the majority opinion written by
Justice Burton. Justice Frank
furter announced that after hear
ing arguments in the case he did
not participate in the final deci-
sion.
H0ld< stitution Unviolated.
The majcl opinion held that
neither the br6adcasts nor the
action Of the District Public Util-
tiles Commission in permitting
the broadcasts violated< the Con-
Stitution.
Justice Douglas, disagreeing
with the majority, said:
This is a case of first impress
sion. There are no precedents to
construe, no principles previously
expounded to apply. We write on
q clean slate.
IF liberty is to flourish, Gov
ernment should never be allowed
to force people to listen to any
radio program. The right of
privacy, today violated, is a power
full deterrent to any one who
would control mems minds"
Justice Frankfurter said he took
no part in the case because my
feelings are so strongly engaged
as a victim of the practice in
controversy that I had better not
participate in judicial judgment
upon It,"
That meant the court majority,
besides Justice Burton, was COM
posed of Chief Justice Vinson and
Justices Black, Reed, Jackson,
Clark and. Minton.
Justice Douglas agreed with the
Court of Appeals that the street.
car or bus audiences is "a captive
audience" He declared that he
protested particularly because the
transit riders privacy was invaded
by the broadcasts lover and above
the risks of travel"
when we force people to listen
to another's ideas" Justice Doug
las continued, I'VE give the propa-
gandist a powerful weapon. Today
it is a business enterprise working
out a radio program under the
auspices of Government. Tomor-
row it may be a dominant politi-
cal or religious group. The
right Of privacy today violated. is
a powerful deterrent to any one
who would control mems minds"
No Opinion on Desirability.
Justice Burton declared that
the majority expressed no opinion
as to the desirability of radio pro-
grams in public vehicles.
He said that was a matter to
be worked out between Capital
Transit, the PUG and the public.
1.-THE situation" Justice Burton
explained, 'is not unlike that
which arises when utility makes
q change in its running schedules
or in the locations of it's stops
in the interest of the majority of
the passengers but against the
vigorous protests of the few who
are inconvenienced by the change" D."
The majority held that the PUG
conformed to its congressional
authorization in the procedure by
which it investigated and per-
mitted the use of broadcasts on
Capital Transit vehicles.
Reasonable Limitations.
The court said it did not be-
lieve that operation of the broad
cast or any action by the regu-
latory agency in this instance
went beyond the constitutional
guarantees to the individual. The
liberty of each individual rider in
q public vehicle or in any public
place is subject to reasonable lin
(See TRANSIT RADIO. Page A-2.)