Statements submitted for the record: Association for Education in Journalism.. Page 658 456 644 650 34 Powell, Richard N., member of the Writers Guild of America, West_- Ware, William M., chairman, Freedom of Information 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. Correspondence: Dean, John W., III, counsel to the President, to Senator Sam J. 669 764 780 988 997 1001 1295 425, 988 Ervin, Hon. Sam J., Jr., to Hon. J. Edgar Hoover, director, Federal 989, 990 Ervin, Hon. Sam J., Jr., to President Richard M. Nixon, re Daniel 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 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 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 1298 Ruckelshaus, William D., administrator, Environmental Protection 991 Judicial decisions and administrative opinions: Application of Earl Caldwell, Memo. Opinion (N.D. Cal. April 8, 1970) - 1143 Branzburg v. Hayes, 40 U.S.L.W. 5025 (June 1972), (408 U.S. 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 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 Emerson, Thomas I., "The First Amendment on Trial: Where We Frankel, Max, "The First Amendment on Trial: The 'State Secrets' 1972 Page 823 925 904 775 771 946 908 752 "Reporters and Their Sources: The Constitutional Right to a Con- 669 702 Robinson, Glen O., "The FCC and the First Amendment: Observa- 850 Ruebright, James A., "Free Speech and the Mass Media," 57 Virginia 837 Sherwood, Margaret, "The Newsman's Privilege: Government Inves- 720 Legal briefs: American Broadcasting Cos., Inc., v. Democratic National Committee, 1256 1249 1280 United States v. Caldwell, Affidavits Filed in Support of Caldwell Peti- 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 1304 Dworkin, Ronald M., "A Deliberate Censorship," the New York 591 Egan, Arthur C., Jr., "Freeze Was 'Leaked' At Vermont Talks: 601 "An Enlightened People," the New York Times; July 1, 1971- 764 921 Fitzpatrick, William H., "Do Newsmen Have A 'Right' Always To 761 97 Greider, William, "The Press As Adversary," the Washington Post; 766 Newspaper and magazine articles-Continued Page Harwood, Richard, "Where and What Is 'The Power of the Press'?", 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 1309 The Liberty Lobby, "Secret World Summit Conference". "Limiting the Subpoena," the New York Times; April 7, 1970- "The Pentagon Papers: Free At Last," the Washington Post; July 1, "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, 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, Loevinger, Lee; "Will Broadcasting Survive," speech to the Illinois Stanton, Frank, Vice-Chairman of Columbia Broadcasting System, 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 816 800 "The Handling of Public Issues Under the Fairness Doctrine and the 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 Toohey, Daniel W., "Section 399: The Constitution Giveth and "Press Freedoms Under Pressure," The Introduction-The Twentieth Proposed congressional legislation: S. 1311, introduced by Senator James B. Pearson- "Memorandum in Support of Proposed 'Newsmen's Privilege Act' Page 979 988 758 817 1311 997 998 998 FREEDOM OF THE PRESS TUESDAY, SEPTEMBER 28, 1971 U.S. SENATE, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS 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 |