University of Virginia Library

Constitution Thwarted

Speaking before the
subcommittee, New York
Times Executive Vice President
Harding Bancroft observed,
"...the fact that publication was
enjoined for 15 days itself
thwarted and subverted the
Constitutional principle of
freedom of the press."

"...the basic reason that
impelled the Times to publish
the material was that we
believed it was in the interest
of the people of this country
to be informed. Once the
material fell into our hands it
would have been an abnegation
of responsibility and a
renunciation of our obligations
under the First Amendment
not to have published it."

Before the Supreme Court.
Justice Department lawyers
had argued that, in spite of the
First Amendment, "the
authority of the Executive
Department to protect the
nation against publication of
information whose disclosure
would endanger the national
security stems from two
interrelated sources: the
Constitutional power of the
President over the conduct of
foreign affairs and his
authority as
Commander-in-chief."

The high court's split 6-3
decision offered no emphatic
confirmation of freedom of

'Sir Ervin & the Knights of the First'

speech rights. Some observers
believe the uncertainty of the
court as a whole prompted
further government challenges
against the press.

* * *

Ervin's subcommittee also
reviewed the alarming rise of
the number of subpoenas
issued to newsman. CBS
President Frank Stanton
testified that, "...NBC and CBS
alone received 121 subpoenas
in the last 30 months. The
cumulative effect of these
subpoenas has placed
substantial burdens on
personnel, most of whose
primary function should be
gathering and publishing the
news."'

Bancroft said he felt
legislation protecting reporters'
rights was not needed at the
time. Instead, he hoped that
the courts would be able to
settle the question.

"There is the danger," he
said, "that legislative attempts
to define rights under the First
Amendment may raise more
problems than are put to rest,
and thus prevent the courts
from making reasoned
determinations based on the
particular facts and
circumstances of the cases
before them."