Page Two
THE MICHIGAN DAILY
Thursday, July 1, 1976
Page Two THE MICHIGAN DAILY Thursday, July 1, 1976
'Gag order' reversed in
Supreme Court decision
Communist parties reject
Kremlin policy control
(Ctcnue faa',a tT ) t
.JUSTICES William Brennan,
Potter Stewart and Thurgood
Marshall said thev believed
prior restraints on freedom of
the press were 'constitutional-
ly impermissible" even as a
means of trying to insure a fair
trial.
In a concurring opinion writ-
ten by Brennan, they said that
"the decision of what, when
and how to publish is for edi-
tors, not judges."
Justice John Paul Stevens
said be agreed with most of
what Brennan said and "if ever
required to face the issue
squarely, may well accept his
ltlimate conclusion."
IN OTHIER action, the jus-
tices declined to review three
lower court decisions involving
the issues of press freedom and
the right to a fair trial.
They let stand the conviction
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L rancnes inMaror USCTes i
of fwir Fresno, Calif., news-
men who were found guilty of
contempt of court in connection
with a "gag order" issued by
i judge in a corruption trial.
They refused to review an
order calling for the jailing of
Los Angeles newsman William
Farr for refusing to reveal his
sources for a story about the
Charles Manson murder cases.
In his opinion on the Nebras-
ka case, Burger declined to
lay down general rules for sit-
uations in which the constitu-
tional rights to a free press and
fair trial appeared in con-
flict.
POWEII, however, filed a
separate opinion saying he
would permit prior restraints
only when "there is a clear
threat to the fairness of trial,
such a threat is posed by the
actual publicity to be restrain-
ed, and no less restrictive al-
ternatives are available."
The Nebraska case marked
the first time the court has
ruled on the issue of prior re-
straint in connection with the
constitutional guarantee of a
fair trial.
It had passed on the question
in different contexts however.
IN A landmark 1931 case, the
court strtrck down a Minne-
sota law providing for the
abatement as a public nuis-
ance of any "malicious scan-
dalous and defamatory news-
paper, magazine or other peri-
odical."
And in 1971 it ruled 6 to 3
that the government was not
entitled to a court order pre-
venting the New York Times
THE MICHIGAN DAILY
Vrxlumxe LXXXVI, No. 37-S
Tlhuesday, July 1, 5576
is edited and managed by students
at the University of Michigan News
phone 764-0562. Second class postage
paidst Ann Arbor, Michigan 4109.
Purblishsed da u lip Tuesday thrusghr
sunday morning during the Univer-
city year at 420 Maynard Street, Ann
Arbee, Michitaxn 40100 Subncrption
rates: $12 Sept. thru Apri1 (2 semes-
ters) ; $13 by mal outside Ann
Arbor.
Summer session raubinlred Tues-
day t h ro 5 nsuaturda ymornng.
Subscription rates: $650 in Ann
Arbor; $7.50 by malnoutside Ann
Aebor.
and Washington Post from
publishing a classified study
of U. S. policy in the Vietnam
War.
Burger said these decisions
established the principle that
"Iprior restraints on speech and
publication are the most ser-
ious and the least tolerable in-
fringements on First Amend-
ment rights.
HE REFUSED, however, to
say that the First Amend-
ment right to freedom of the
press is superior in all circum-
stances to the Sixth Amend-
ment right to a fair trial,
"The authors of the Bill of
Rights did not undertake to as-
sign priorities as between First
Amendment and Sixth Amend-
ment rights," the chief justice
said. "It is not for us to re-
write the Constitution by un-
dertaking what they declined."
The coirrt's decision came
amid increasing use by judges
of orders restricting news cov-
erage.
THE Reporters Committee
for Freedom of the Press said
213 orders which "in some
way restricted access to or
comment about the judicial
process" had been issued since
the Supreme Court reversed
the murder conviction of Cleve-
land osteopath Sam Sheppard
in 1966 on grounds of preju-
dicial publicity.
The committee also issued a
statement yesterday calling
the Nebraska case "a victory
for the First Amendment"
It said the decision is 'a
strong reaffirmation of the
First Amendment principle, the
public's right to know about
its courts.
"Unfortunately, the decision
does not say - as we hoped it
would - that the First Amend-
ment absolutely stops judges
from restraining publication of
news about the courts."
JOE SMITH, president of the
American Newspaper Publish-
ers Association, said the court
"has administered a proper
and firm setback to secrecy."
G. Woodson Howe of the
Omaha World - Herald, chair-
man of Media of Nebraska,
commented: "We are extreme-
ly pleased, especially with the
unanimity of the decision."
BERLIN ') - Communists
from both East and West Eu-
rope stood before Soviet leader
Leonid Brezhnev yesterday and
rejected Kremlin c ont r o1 of
their policies, affirming inten-
tions to follow their own paths.
Italian Communist leader En-
rico Berlinguer, buoyed by elec-
tion gains at home, said the
summit of 29 European Com-
munist parties to which he
spoke was "a free meeting
among autonomous and equal
parties."
YUGOSLAV President Tito,
the old lion who pioneered in-
dependent Communism, said he
opposed all forms of interfer-
ence in internal affairs of other
countries. French Communist
chief Georges Marchais said the
Soviet theme of the dictatorship
of the proletariate does not cor-
respond to French reality.
A document issued as the two-
day summit ended yesterday
represented at least a verbal
victory for the independent
stand of the Yugoslavs, Roman-
ians, Italians and French.
The document, unsigned and
therefore unbinding, 'endorsed
independence for the parties of
each country to choose their
own way of achieving Com-
munism.
BERLINGUER m i n c e d no
words, declaring an interna-
tional Communist body "does
not exist and could not exist in
any form, on either the world or
the European level."
"Ours is a free meeting among
autonomous and equal parties
which does not seek to lay down
guidelines for, or bind, any of
our parties," he added. "And it
is important that this debate is
open and public."
In his own speech Tuesday,
Brezhnev said no one wanted a
center of Communism as in the
early days. While emphasizing
the pioneer role of the Soviets
and the value of their experi-
ence, nowhere in his speech did
he clearly assert the primacy
of the Russians over the others.
IT WAS objection to this
primacy that had brought the
Yugoslavs, Romanians, the Ital-
ians, French and Spanish Com-
munists to the point of boycot-
ting this conference, the first of
its kind in nine years and the
first attended by Tito in almost
20 years.
The document contained a
little something for everybody.
It praised the ideas of Marx,
Engels and Lenin, as the Rus-
sians like to do. Buf it added
the parties will "develop their
internationalist, comradely and
voluntary cooperation . .. strict-
ly adhering to the principles of
equality and sovereign independ-
ence of each party, noninterfer-
ence in internal affairs and re-
spect for the free choice of dif-
ferent roads in the struggle for
social change of a progressive
nature and for socialism.
Arcade post office
may be closing soon
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(Continued from Page 1)
counts in the fall when the
students come back in full force
to determine whether the win-
dow service that the new (Fed-
eral Building) station will have
will accommodate the busi-
ness" currently handled by the
two other offices, Schneeberger
explained, adding "I don't think
it can."
The Federal Building will be
located at Fifth St. and Liber-
ty, just a few blocks away from
the Arcade station.
S C H N E E B E R G E R
pointed out that the new facili-
ty is still within reasonable
walking distance for most pa-
trons, and that this factor of
proximity will be taken into
account when he decides whe-
ther or not to close the Arcade
office. He admitted, though,
that the new location "won't
be as convenient" for some
customers, particularly stu-
dents.
After studying the situation,
Schneeberger will consult with
postal service officials in De-
troit and then deliver his ver-
dict.
Closing the Arcade facility
would result in an estimated
annual saving of $50-60 thous-
and.
In spite of rate hikes and
cuts in services, inflation has
caused the U. S. Postal Service
to lose over St billion a year
and has forced the closing of
many small post offices.
A CONGRESSIONAL bill un-
der consideration would "hold
the line" on postal rates and
maintain all present services,
according to Schneeberger.
In addition, the bill would
block the closing of any post
office that serves more than
35 families. In smaller com-
munities, the measure would
require the approval of 60 per
cent of the adult residents be-
fore a station could be shut.
More importantly, the bill
would provide a subsidy of
$500,000 a year for the next
two years to help bail out the
financially plagued postal serv-
ice.
The U. S. House of Represen-
tatives has already approved
the bill, and the Senate is slat-
ed to vote on the measure July
27. Schneeberger said Presi-
dent Ford has indicated that
he will also support it.
Theodore Roosevelt became
26th president of the United
States, Sept. 14, 1901, the day
President McKinley died of
wounds inflicted by an assassin
at Buffalo, N. Y.
USHERS NEEDED
FOR
MICHIGAN REP. '76
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located in Michigan League Bldg.
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