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Statements submitted for the record:

Association for Education in Journalism..
Cardwell, Richard W., general counsel, Hoosier State Press Associa-
tion, Inc., representing the Newspaper Association Managers, Inc.
Hayden, Martin S., editor, The Detroit News---
Karp, Irwin, Counsel, The Authors League of America
Pearson, Hon. James B., U.S. Senator from Kansas..

Page

658

456

644

650

34

Powell, Richard N., member of the Writers Guild of America, West_-
Powell, Thomas, president, the Associated Press

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Ware, William M., chairman, Freedom of Information Committee,
the Associated Press Managing Editors Association_
Wilson, Francis G., president, Accuracy in Media, Inc.
Wilson, James Q., professor of government and chairman of the
Department of Government, Harvard University..
Writers Guild of America, East, Inc., censorship committee_

I. Subpoenaing of Newsmen..

APPENDIX

II. "The Pentagon Papers" Cases..

III. The First Amendment and Broadcasting..

IV. The Investigation of Newsman Daniel Schorr.

Proposed Congressional Legislation.

VI. Judicial Decisions, Administrative Opinions, and Legal Briefs.
VII. Miscellaneous_

Correspondence:

Dean, John W., III, counsel to the President, to Senator Sam J.
Ervin, Jr., re Daniel Schorr..

669

764

780

988

997

1001

1295

425, 988

Ervin, Hon. Sam J., Jr., to Hon. J. Edgar Hoover, director, Federal
Bureau of Investigation, re Daniel Schorr

989, 990

Ervin, Hon. Sam J., Jr., to President Richard M. Nixon, re Daniel
Schorr

Ervin, Hon. Sam J., Jr., letter soliciting views and suggestions for hearings on freedom of press

988

1295

Fogarty, Frank P., executive secretary, Nebraska Broadcasters Association, to Senator Roman Hruska, including Resolution of Nebraska Broadcasters Association.

Gerald, Prof. J. Edward, University of Minnesota School of Journalism, to Senator Sam J. Ervin, Jr..

Hampton, Robert E., chairman, U.S. Civil Service Commission, to
Senator Sam J. Ervin, Jr., re Daniel Schorr.__.

172

1295.

992

Hoover, J. Edgar, director, Federal Bureau of Investigation, to Senator Sam J. Ervin, Jr., re Daniel Schorr....

421, 424, 989

Klein, Herbert G., Director of Communications for the Executive
Branch, to Senator Sam J. Ervin, Jr.

1299

Lewis, Harrison, Outdoor Advertising Association of America, Inc., to Senator Sam J. Ervin, Jr.____

1297

Pommer, Matthew A., Newspaper Guild of Madison, Wisconsin, to
Senator Sam J. Ervin, Jr.-

1298

Ruckelshaus, William D., administrator, Environmental Protection
Agency, to Senator Sam J. Ervin, Jr., re Daniel Schorr---

991

Judicial decisions and administrative opinions:

Application of Earl Caldwell, Memo. Opinion (N.D. Cal. April 8, 1970) -
Banzhaf v. FCC, F. 2d 1082 (D.C. Cir. 1968) –

1143

Branzburg v. Hayes, 40 U.S.L.W. 5025 (June 1972), (408 U.S.
(1972)) (Opinion includes In the Matter of Paul Pappas and U.S. v.
Caldwell.).

1022

Business Executives' Move for Vietnam Peace v. FCC, 450 F. 2d 642 (D.C. Cir. 1971).

1187

Caldwell v. United States, 434 F. 2d 1081 (9th Cir. 1970)

1057

Chicago Joint Board v. Chicago Tribune Co., 435 F. 2d 470 (7th Cir. 1970)

1066

In the Matter of Television Station WCBS-TV, Applicability of the
Fairness Doctrine to Cigarette Advertising, 9 FCC 2d 921 (1967) –
National Broadcasting Co., Inc. v. United States, 319 U.S. 190 (1942).
New York Times Co. v. United States, 403 U.S. 713 (1971) –
Red Lion Broadcasting Co. v. FCC, 385 U.S. 367 (1969) -
Rosenbloom v. Metromedia, Inc., 403 U.S. 29 (1971)_.

1159

1102

1001

1072

1121

United States v. Paramount Pictures, Inc., 334 U.S. 131 (1948)..

1085

Law review articles:

Barron, Jerome, A., "An Emerging First Amendment Right of Access to the Media?", The (eorge Washington Law Review; Vol. 37, No. 2, March 1969

"Cable Television and the First Amendment," Columbia Law Review, Notes, Vol. 71, June 1971..

Daniel, Clifton, "Right of Access to Mass Media-Government
Obligation to Enforce First Amendment," 48 Tex. L. Rev. 783
(1970)-

Emerson, Thomas I., "The First Amendment on Trial: Where We
Stand: A Legal View," Columbia Journalism Review, September-
October 1971.

Frankel, Max, "The First Amendment on Trial: The 'State Secrets'
Myth," Columbia Journalism Review; September-October 1971..
"From the FCC's Fairness Doctrine to Red Lion's Fiduciary Princi-
ple," 5 Harv. Civ. R.-Civ. L. Rev. 89 (1970)---
Jaffe, Louis L., "The Editorial Responsibility of the Broadcaster:
Reflections on Fairness and Access," Harv. L. Rev., Vol. 85:768,

1972
Mulvihill, Dennis J., "Caldwell v. United States: The Newsman's Con-
stitutional Privilege,' University of Pittsburgh Law Review, Vol.
32, Spring 1971.

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Page

823

925

904

775

771

946

908

752

"Reporters and Their Sources: The Constitutional Right to a Con-
fidential Relationship," Notes-80 Yale L.J. 317 (1970).
"The Right of the Press to Gather Information," Columbia Law
Review, Vol. 71:838, May 1971__

669

702

Robinson, Glen O., "The FCC and the First Amendment: Observa-
tions on 40 Years of Radio and Television Regulation," 52 Minn.
L.R. 67 (1967)

850

Ruebright, James A., "Free Speech and the Mass Media," 57 Virginia
Law Review 636 (1971)

837

Sherwood, Margaret, "The Newsman's Privilege: Government Inves-
tigations, Criminal Prosecutions and Private Litigation," California
Law Review, Vol. 58:1198, 1970----

720

Legal briefs:

American Broadcasting Cos., Inc., v. Democratic National Committee,
Brief for Petitioner American Broadcasting Cos., Inc., October Term,
1971; Docket No. 71-866 (U.S. S. Ct., June 1972).
Branzburg v. Hayes, Brief for the United States, October Term 1970,
Docket Nos. 70-85 and 70-94 (U.S. S. Ct. Sept. 1971) -
Larus & Brothers Co., Inc. v. FCC, Brief of the Tobacco Institute Inc.
(4th Cir. 1971) -

1256

1249

1280

United States v. Caldwell, Affidavits Filed in Support of Caldwell Peti-
tion to Quash Subpoena, Docket No. 10426 (N.D. Cal. 1970) -
United States v. Caldwell, Brief for American Society of Newspaper
Editors, October Term 1971, Docket No. 70-57 (U.S. S. Ct. 1971)_
United States v. Caldwell, Brief of United Church of Christ, Docket No.
70-57 (U.S. S. Ct., Sept. 20, 1971).

1205

1225

1236

United States v. Caldwell, Brief of The Washington Post Co., etc., October Term 1971, Docket No. 70-57 (U.S. S. Ct. 1971)_ _ _ Newspaper and magazine articles:

1209

Childs, Marquis, "Seventh Class Postal Service," the Washington
Post; February 22, 1972-

1304

Dworkin, Ronald M., "A Deliberate Censorship," the New York
Times.

591

Egan, Arthur C., Jr., "Freeze Was 'Leaked' At Vermont Talks:
Those in Know Made Billions, Source Asserts," Union Leader;
November 12, 1971__

601

"An Enlightened People," the New York Times; July 1, 1971-
"Esso, the FCC, and the Fairness Doctrine," the Washington Post;
July 13, 1971

764

921

Fitzpatrick, William H., "Do Newsmen Have A 'Right' Always To
Hide Sources?", The Wall Street Journal; February 6, 1959--
Gartner, Michael, "When 'Fairness' Gets Out of Hand," the Wall
Street Journal; September 8, 1971-

761

97

Greider, William, "The Press As Adversary," the Washington Post;
June 27, 1971-

766

Newspaper and magazine articles-Continued

Page

Harwood, Richard, "Where and What Is 'The Power of the Press'?",
the Washington Post; August 19, 1971..........
Horn, Robert A., "How Free Should the Free Press Be?", Sanford
Observer, October 1971...

1301

326

Johnson, Nicholas, "Dear Vice President Agnew

."; the New York

Times; October 11, 1970..

1305

Kilpatrick, Carroll, "White House Weighed Job for Schorr," the

Washington Post; February 1, 1972.

425, 995

Kriegsman, Alan M., "The Sloan Report: Viewing Cable TV," the
Washington Post; December 9, 1971.

1309

The Liberty Lobby, "Secret World Summit Conference".
Malloy, Michael, "Privileges for Journalists," the National Observer;
July 19, 1971_.

"Limiting the Subpoena," the New York Times; April 7, 1970-
"Newsmen as Witnesses," the Washington Post; August 13, 1970___.
Oelsner, Lesley, "Village Voice Loses Court Test to Protect Sources,'
the New York Times; January 28, 1972__

"The Pentagon Papers: Free At Last," the Washington Post; July 1,
1971..

"Protecting Basic Freedoms," the New York Times; November 20,

1970.

"The Public Sentinel," the New York Times; September 26, 1971.. Reston, James "Editors Face Threat to Press Freedom," the Raleigh News and Observer; April 15, 1971--

Selected newspaper articles and editorials concerning the FBI investigation of newsman Daniel Schorr.

598

760

758

758

577

765

759

13

1302

993

"The 'Underground' Press: An Old Tradition," the Washington Post; August 5, 1970

1310

Weaver, Paul H., "Is Television News Biased?", The Public Interest,
No. 26, Winter 1972___.

961

Other materials:

Dunham, Corydon B., "Broadcast News and the Fairness Doctrine," address before the Practicing Law Institute, February 27, 1971.. Helms, Jesse, WRAL-TV, Raleigh, North Carolina; "Viewpoint," an editorial, September 8, 1971..

Johnson, Nicholas, Federal Communications Commission; remarks,
"Subpoenas, Outtakes, and Freedom of the Press: An Appeal to
Media Management," February 12, 1970---

Loevinger, Lee; "Will Broadcasting Survive," speech to the Illinois
Broadcasters Association, October 13, 1971.

Stanton, Frank, Vice-Chairman of Columbia Broadcasting System,
Inc., remarks before the National Association of Broadcasters,
April 11, 1972___.

796

1300

789

780

786

Whitehead, Clay T., Director, Office of Telecommunications Policy; remarks at the International Radio and Television Society Newsmaker Luncheon, October 6, 1971___

922

Federal Communications Commission Fairness Inquiries to which the
American Broadcasting Company has been a party-
"The Handling of Public Issues Under the Fairness Doctrine and the
Public Interest Standards of the Communications Act," Notice of
Inquiry: FCC 71-623 (June 11, 1971).

816

800

"The Handling of Public Issues Under the Fairness Doctrine and the
Public Interest Standards of the Communications Act," comments
of Columbia Broadcasting System, Inc., before the Federal Com-
munications Commission (December 20, 1971) -
"Guidelines for Subpoenas to the News Media," Department of Jus-
tice Memorandum to United States Attorneys--
Magazine Publishers Association, "A Historical Review of the Rela-
tionship of Economic Controls and the Print Media," Memorandum
prepared for Harold C. Passer, Assistant Secretary for Economic
Affairs, Department of Commerce, October 6, 1971-

808

38

285

Resolution of the 38th Annual Convention, The Newspaper Guild; adopted July 15, 1971..

46.5

Other material-Continued

Selected Bibliography of Works Relevant to a Consideration of First
Amendment Issues Raised by Government Regulation of Commu-
nications Media Content with Special Emphasis on the Broadcast
Media, prepared by The Library of Congress, November 3, 1971...
Schorr, Daniel; material concerning government investigation---
Sigma Delta Chi, "Model Newsmen's Protection Law for States,"
November 1971..

Toohey, Daniel W., "Section 399: The Constitution Giveth and
Congress Taketh Away," Educational Broadcasting Review, Vol. 6,
No. 1, February 1972_.

"Press Freedoms Under Pressure," The Introduction-The Twentieth
Century Fund, 1972___

Proposed congressional legislation:

S. 1311, introduced by Senator James B. Pearson-
S. 3786, introduced by Senator Alan Cranston...

"Memorandum in Support of Proposed 'Newsmen's Privilege Act'
National Broadcasting Co----

Page

979

988

758

817

1311

997

998

998

FREEDOM OF THE PRESS

TUESDAY, SEPTEMBER 28, 1971

U.S. SENATE,

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 318, Old Senate Office Building, Senator Sam J. Ervin, Jr., presiding. Present: Senator Ervin.

Also present: Lawrence M. Baskir, chief counsel, and William E. Pursley, Jr., counsel.

Senator ERVIN. This subcommittee will come to order.

Many years ago, at the birth of our great Republic, Thomas Jefferson observed:

"No government ought to be without censors and where the press is free, no one ever will."

Today, nearly two centuries since our Founding Fathers incorporated Jefferson's observation in the First Amendment to our Constitution, the Senate Subcommittee on Constitutional Rights opens a series of hearings to examine the state of freedom of the press in America.

These hearings, and the subcommittee study of which they are a part, have been organized because it is apparent that in today's America, many people doubt the vitality and significance of the first amendment's guarantee of freedom of the press. There have been at least four recent examples of this:

First, the increased subpenaing of journalists by grand juries and congressional committees;

Second, the recent publication by several newspapers of classified information and the government's unsuccessful attempt to enjoin the publication;

Third, the widespread use of false press credentials by government investigators; and

Fourth, new fears about government control and regulation of the broadcast media.

These developments have brought into sharp relief existing concern about the relationship between government and the working

press.

In addition, we have heard sharp and angry attacks upon the news media by high government officials. These attacks have brought forth equally hostile responses from spokesmen for the press. Some government officials appear to believe that the purpose of the press is to present the Government's policies and programs to the public

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