Press Freedom Under the Recovery Program

November 4, 1933

Report Outline
The Free Press Clause in the Newspaper Code
Freedom of the Press and the Newspaper Code
The Struggle to Maintain a Free Press in America
Threats to Freedom of the Press Since the War

The Free Press Clause in the Newspaper Code

At the outset of their conferences with the Recovery Administration on a code of fair competition for daily newspapers, the publishers made clear their intention to do everything possible to protect the press from the threat of licensing inherent in the provisions of the National Recovery Act. However remote the possibility of an encroachment on the freedom of the press from this source, they considered it essential that the newspaper code make explicit reservation of the rights guaranteed by the First Amendment to the Constitution. Although General Johnson originally opposed this demand, the temporary code approved on August 15, 1933, contained a clause wherein the publishers gave notice that in subscribing to the code they did not waive any of their constitutional rights.

Inclusion of such a clause in the final code, now pending, appears certain in view of a statement by Lindsay Rogers, the N. R. A. deputy administrator who presided over the hearings on the newspaper code, in an address before the United Typothetae of America at Chicago on October 26. Although he declared that there was no challenge to the freedom of the press in the national recovery program and that mention of the question in the code was unnecessary, since freedom of the press was guaranteed by the Constitution, Rogers added that “if publishers will feel more secure with such a declaration in their code, then they should have it.”

The agreement under which daily newspapers have been operating for nearly three months is the only code of fair competition so far approved to contain what amounts to a protest against use of the licensing power extended to the President by Congress. Its peculiarity in this regard naturally derives from the fact that newspapers, while subject to the provisions of the National Recovery Act as an industry, occupy a position different from that of other industries, as signified by the special rights accorded them by the Constitution. Inclusion of the freedom of the press clause in the temporary code in no way committed the President not to impose licenses on the newspapers in an extremity, but its acceptance under the circumstances constituted recognition of the special position of the press, while the publishers put themselves squarely on record in the matter.

ISSUE TRACKER for Related Reports
Journalism, Newspapers, and the Media
Jan. 28, 2022  Misinformation and the Media
Oct. 02, 2020  Social Media Platforms
Sep. 18, 2020  The News Media
Aug. 24, 2018  Conspiracy Theories
Jun. 09, 2017  Trust in Media
May 30, 2014  Digital Journalism
May 03, 2013  Media Bias
Apr. 26, 2013  Free Speech at Risk
Apr. 12, 2013  Combat Journalism
Nov. 2010  Press Freedom
Oct. 08, 2010  Journalism Standards in the Internet Age
Feb. 05, 2010  Press Freedom
Mar. 27, 2009  Future of Journalism Updated
Jun. 09, 2006  Blog Explosion Updated
Jan. 20, 2006  Future of Newspapers
Apr. 08, 2005  Free-Press Disputes
Oct. 15, 2004  Media Bias
Oct. 10, 2003  Media Ownership Updated
Dec. 25, 1998  Journalism Under Fire
Jun. 05, 1998  Student Journalism
Sep. 20, 1996  Civic Journalism
Sep. 23, 1994  Courts and the Media
Aug. 24, 1990  Hard Times at the Nation's Newspapers
Jan. 19, 1990  Finding Truth in the Age of ‘Infotainment’
Aug. 18, 1989  Libel Law: Finding the Right Balance
Jun. 06, 1986  Magazine Trends
Oct. 12, 1984  News Media and Presidential Campaigns
Jul. 15, 1983  State of American Newspapers
Oct. 23, 1981  High Cost of Libel
Dec. 23, 1977  Media Reforms
Mar. 11, 1977  News Media Ownership
Jun. 21, 1974  Access to the Media
Dec. 20, 1972  Newsmen's Rights
Aug. 16, 1972  Blacks in the News Media
Dec. 15, 1971  Magazine Industry Shake-Out
Jul. 18, 1969  Competing Media
Sep. 02, 1964  Politicians and the Press
Dec. 04, 1963  Libel Suits and Press Freedom
Jan. 09, 1963  Newspaper Mergers
Dec. 20, 1961  Reading Boom: Books and Magazines
Dec. 02, 1959  Privileged Communications
Apr. 25, 1956  Newsprint Deficit
May 06, 1953  Government and the Press
Sep. 21, 1948  Press and State
Sep. 05, 1947  Newsprint Supply
Mar. 26, 1947  Facsimile Newspapers
Dec. 10, 1945  World Press Freedom
May 01, 1940  New Experiments in Newspaper-Making
Nov. 04, 1933  Press Freedom Under the Recovery Program
BROWSE RELATED TOPICS:
Economic Crises
Freedom of Information
Freedom of Speech and Press