Evening star., 1952-03-04
Ruling Seen BY June
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|As High CouIt Hears
Transit Radio Issues
BY Robert K. WoIsh

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arguments on board today to call
the turn on whether streetcar and
bus radio broaecasts are safe. /
soothing and Constitutionally
sound, or illegal noise forced on
hapless listeners by a "tripartiteI
agreement"
A final decision in the dispute
that began here three years ago
and reached its highest pitch in
oral arguments before the tribunal
late yesterday is expected before
the end Of the term in June.
Bantering overtones from the
bench and frequent laughter in
the crowded courtroom marked
the session. But questions and
answers struck deep notes on an
issue affecting not only the Capital
Transit Co. and public transporta-
tion systems in several other
cities. but also Government regu-
lation and private rights Of
passengers.
Protests Upheld ON Appeal.
The controversy reached the
Supreme Court terminal mainly as
a result of drive engineered by
Franklin s. Pollock and Guy Mar
tin, as private citizens. aided in
later financial stages by Transit
Riders Association. The District
Public Utilities Commission, in
1949, dismissed a petition to halt
the broadcasts and was upheld by
District Court Judge Edward A.
Tamm.
The United States Court of Ap-
peals, in an opinion written by
Judge Henry w. Edgerton, Joined
Iby Judges David L. Bazelon and
Charles Fahy. ruled that CONNER
Icial announcement broadcasts are
unconstitutional, because they 'de-
Iprive objecting passengers Of lib
Ierty without due process of law
THE PUG, Capital Transit and the
Washington Transit Radio, Inc.
which has a contract to install and
maintain the radios, then appealed
Ito the Supreme Court.
| Speaking for them at yesterdays
session, Attorney w. Theodore
lPierson charged that opposition te
1.-THE broadcasts not only is limited
Ito comparatively few persons but
lalso often relies on emotions
rather than reason"
He accused opponents of harp
ling on such phrases as captive
. audience" and forced listeners.
Capital Transit Censorship.
Attorney Paul M. Segal, repre-
setting the objectors, told the court
he had no desire to escape respon-
: sibility for having used such
phrases as forced listeners" He
also offered the term "tripartite
agreement" to describe the ar.
rangement by which, he said
Capital Transit, as a Government:
sanctioned monopoly to all intent:
Iand purposes, gets the radio broad.
casts with commercial announce.
|ments from Station WWDC-FM
through Washington Transit Ra-
dio, Inc. Capital Transit. he said
.. lean veto material 1t dislikes.
"You are compelled to listen
day after day. going to and from
sIwork, during a considerable seq
| ment of your life. to programs
' planned, or at least censored, b!
i a corporation protected by th'
Government" he declared. -
i fellow who has to stand up on ,
. bus on his way home and have ,
, loudspeaker over his head is wors'
; off than a fellow who has to hea
! a loudspeaker in a public park"
! That was q reference to q Su
preme Court decision upholdint
, the right of municipal authoritie
!, to ban use of SoundtruckS ant
!. !. similar contraptions under certain
; circumstances. Mr.. Segal con
. tended that the PUG, instead o
.. merely deciding that the broad
. casts are consistent with public
convenience, comfort and safety
: should have taken up a basic con
= stitutional question and decides
that such broadcasts violate tn
First and Fifth Amendments.
Mr.. Pierson turned a deaf ca
: to contentious that any genuine
constitutional point Is involved il
the situation.
> Individual Radios Mentioned.
r Justice Black wanted to know
4 whether the Constitution woule
e enter the situation If individua
e passengers carried their own littl'
- radios on streetcars and buses
y Mr.. Segal commented that th'
4 broadcasts on public vehicles
Q differ from those in private pos
O session. In the latter instance ,
person can select his programs o.
switch the whole thing of.
Justice Douglas mentioned ad
vertising placardS in cars an.
buses. When Mr.. Segal said tn
= pictures do not compel" peopl
It to look, Justice Douglas quipped
G "Oh. I don't know. Some o
: them do"
IS Chief Justice Vinson. referrin
e to explanations that the 'nois
It level" of the broadcaSts woul
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