Show tax m PUBLICITY JURY instructed TO RENDER VERDICT OF NOT GUILTY BY JUDGE acting As counsel for baltimore Bal Ba imort limore Port Former secretary argues demurrer in federal court new yorki york federal judge knox in united states district court directed the jury to bring a verdict of not guilty in in the case of the government against the herald tribune indicted for publication of income tax figures Balti baltimore in a striking analysis of the privileges of the press under the constitution former secretary or war newton D baker argued with demurrer of the baltimore post a scripps howard newspaper indicted by the government fo publishing income tax figures appearing as counsel for the post before the united states district court here baker maintained that the newspaper was fully within its conati tut ional rights in exercising its prerogatives roga tives of freedom of the press when it printed the taxes paid by baltimore residents the basis of bakers argument was that the collectors lists were not r returns e as defined by the revenue bill and that since the law directed that collectors make the tax figures available for public inspection such availability was in fact publication were any other construction placed on the law baker argued we would have congress authorizing freedom of speech and denying freedom of the press as to the same data this congress has no power to do the freedom of the press means the right to print whatever anyone may lawfully say neither can be restricted whether the other is permitted quoting the first amendment to the constitution which declares that congress shall make no law abridging the freedom of speech or of the press baker discussed questions involving the right of free speech and press arising in the sedition and espionage acts and in libel and contempt cases the sedition laws he said were never tested in court they are conceded to have been unconstitutional the espionage acts have been applied to the extent that they penalize language which excites crime thus making the speaker or printer an accessory ces sory or an aider and ot of criminal conduct in libel cases those who print like those who speak are held responsible for the consequences of their acts but no attempt is made at imposing censorship in advance or requiring license in the bontemp cases other principles are involved which are well known limitations on all conduct but do not concern us here nowhere in the literature of our law can there be found a le legislative attempt to separate speech and press in the matter of freedom and no such attempt could or should succeed congress has complete discretion to determine whether or not secrecy shall be preserved as to any ally of the facts in its tax policy the protection of the revenue the encouragement of complete disclosure as to taxable property the promotion of business are all consideration which congress nay weigh |