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Communication in the Marketplace Of Opinion and a Free Press by Foster M. Russell It may be generally agreed dat there should be communi- cation among the press, radio, television, municipal coundils, officials, institutions, ori pub- lic matters. It may not be generally agreed that all matters rele- vant to the public should be made public. When there is disagreement between the media and the public body on the reporting of Committee of the Whole proceedings, the North Ameri- can press, published in a free society, generally agrees the public bas "the right to now". This week in Cobourg, we were accosted by a citizen who seemed quite disturbed: "Why should the press be barred for any public meet- ing?"he asked. In recent weeks there have been incidents in Cobourg, Port Hope, and Peterborough County, involving the right of the public to know. A reporter took issue with the Northum- berland and Newcastle Board of Education on the exclusion from the Committee of the Whole meetings. Concern was shown by the press in the attitude of Port Hope Council, 1 Cobourg Council summon- ed police to eject a reporter who said he would persist in taking notes at a Committee of the Whole meeting. Assault On A Free Press There were conclusions on the subject of a free press in a conference sponsored by The Canalian Institue of Public Affairs: "The assaults on a free press in Canada normally occur at the local level and reflect the instincts pf com- mittees or persons riding a personal prejudice. They are bush fires which may be stamped out by a vigorous local press." Stuart Keate, a daily news- paperman from Victoria said: 'A reporter worth his salt recognizes that he has only one basic duty to perform: to dig for the truth: to write it in the language people under- stand: and to resist all impediments to its publica- tion: that responsibility rests on his shoulders with all the weight of 300 years of modern press, as we know it. This is a pressure which we must accept cheerfully, as part of the Job. The extent to which we discharge it will determine our worth to the community and to the country." In The Beginning Caxton's printin oress was inaugurated in 1478. Jonn Bushell introduced the first news sheet in 1752 at Halifax. In both instances it was the beginning of freedom as we know it, but not without a struggle. In the first instance, the Kings of England directed censorship. Nonlicensed print- ers who strove to print the truth were tortured or put to death. In 1704, any printed statement found to be "dan- gerous to the authorities" was dealt with in jail sentence, torture, and even mutilation. Extreme cases were found treasonable and punished by death. The greater the truth the greater the libel, became the rule. When the United States endeavored to effect the Alien and Sedition Acts of 1798 (the same control as aoove;, the public reaction was so strong that politicians for genera- tions avoided restraining the press, the press freedom became entrenched. Freedom Of Information In 1942, the American Press adopted a broad concept. "The people's rightto know" is taken as the esseice of the constitutional guarantee: a democratic society must havc the full and unhampered range of information, opin- ions, and ideas, or it cannot make intelligent decisions at the ballot box and in the day-to-day workings of its free institutions. "The traditional press role as watchdog of government becomes a positive responsi- bility to ensure informed debate and free choice. "The news media accept responsibility for getting the information, and passing it along to the public, through exercising a newly recognized "right of access" as well as the older right of freedom of the press." The Communist Doctrine The Communist doctrine is that the State and the people are synonymous, and the oress is therefore free becau5e the peuple are ruinung n. i iS subtle trickery and a denial of the truth. Criticism of admin- istration is suppressed, and any reasonable questioning of the state by the press is prohibited. Nikolai Lenis said: "Whe should Freedom of the Press and Freedom of Speech be allowed. Why should a gov- ernment which is doing what it believes to be right allow itself to be criticized? It would not allow opposition by lethal weapons. Ideas are much more fatal things than guns. Why should any man be allowed to buy a printing press' and disseminate pernicious opinon calculated to embar- rass the government?" Adolph Hitler's approach to the matter was more subtle: "The organization of our press bastruly been a success. Our law concerning the press is such that it divergencies of opinion between members of the government are no longer an occasion for public exhibi- tions. which are not the newspapers' business. We've eliminated the conception of political freedom which holds that everybody has the right to say whatever comes into their heads." To Lenin and Hitler the press lacked credibility. There was no right to com- municate. Both men agreed on ostracism of free public dis- cussion and free personal opinion. The Lebanese poet Kahlil Gibran said it in a different way: "The significance of man is not in what he attains, but rather in what he longs to attain." Something To Hide There was a definite reason for the harassment. of the press by former President Nixon and former Vice- president Spiro Agnew. They oh had something to hide! Like ail living creatures, man's needs are many. To provide for onesef, one'sfamily. To befree to make plans with the people who helpgive them life. 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William Lyon Mackenzie established The Colonial Ad- vocate in 1824. He attacked the Family Compact, the govern- The Washington Post print- ed the story. The tapes revealed the manner of the men in high office. We do not think it is the prerogative of the press to su press statements madeby oiticians in public. The term 'Son of a bitch" is not nice to hear or see in print. But when a federal cabinet minister makes such an outburst, it should be printed. On the other hand, when a small politician uses the same term, no privilege should be attached. The Truc Concept' in tie true concept of the freedom of the press, when the absolute is applied in printing what is said, theri the politi- lians improve their language and their tempers, and be- come more intelligent in their approach to problems. The old aphorism about being known by the company you keep is a corollary of "you are known by the words you utter." Reporters make mistakes. Boards of Education members are human, too. A corrected error in public is the sinecure, but a hidden error in a closed meeting can damage a whole nation. Perhaps the claim for press freedom bas not been stressed in a demonstrative way. It is not a ersonal and selfish daim, ut a deep, abiding :oncern for all society in a free world. Rumor is more destructive that truth. If change cannot be effected in society by free discussion, then there will be change by violence. Rulers of the developing countries need more communication, not less. The competitive working reporter is superior to the one-sided secret agent. The Band And The Good Robert J. Hastings, writing in the Illinois Baptist, Carbon- dale, poined out: "The press is often blamed for causing what is bad. We are not to blame the doctor if the patient is sick. Christ was crucified before Gutenberg invented moveable type!" The late Walter Lippman said: "Freedom of the Press does not guarantee that un- trutbs will neyer be printed. t does guarantee in the long run, the truth will prevail." Concerned about the tbreat of the closed door to the press, the Illinois Legislature made an "Opening Meeting Law" to this effect: "It is the public çluty of this State that public commissions, committees, boards and councils and the other public agencies in this wState exist to aid in the conduct of the people's busin- ess. It is the intent of this act that their actions be taken openly and that their delibera- tions be conducted openly." When open meetings are fully endorsed, this upholds our own faith in a free government by a free people. Letters Of Junius We met Georg'Murray in, Tunbridge Wells, England, almost 10 years ago. He was editorial writer for The Daily Mail, London, a fine sctolar and a leader in his profession. Since that occasion Murray died. The Letters of Junius appeared in The Daily Adver-, tiser in the late l8tb century. The reference Mr. Murray made about these letters is of significance: "The liberty of the press is the Palladium of all the civil, political, and religious rights of an Englishman."' In Canada Wilfrid Eggleston, Carleton University. Ottawa, in his preface to W. H. Kesterton's History of Journalism in Canada," said: "Survival of all living creatures requires some awareness of the chang- ing environment. A primary concern of man in a 'free' society of democratic institu- tions is to obtain speedy and accurate information of.what is going on about him so that he can react intelligently, whether in his financial out- lay, his union vote, or in his choice of government to serve him. Early journalism in Canada began in times of slavery. On July 12, 1787, the following appeared in the Quebec Gaz- ette: FOR SALE For sale, a robust negress, active and with good hearing, about 18 years old, who bas had small-pox, bas been accustomed to household dut- ies, understands the kitchen, knows how to wash, iron, sew, and very used to caring for children. She can adopt ber self equally to an English, French, or German family, for she speakes all languages. In the beginning of North American newspapers, auth- oritarianism prevailed. The philosophy was that to govern was the prerogative of the few. Those wvho ruled control- led the press. In Nova Sccatia, the provin- cial secretary informed the Halifax Gazette what could be printed. Domination of the p ress prevailed in Newfound- land, extending westward to the Upper Canada Gazette. Joseph Howe charged in the Novascotian, 1835 "Lt is known ing clique, and was subjected to abuse. Somne young men in Toronto, who were part of the Family Compact, threw his printing type into Toronto Bay. He was awarded damages. In 1835 be became the Mayor of Toronto, newly incorporated. Dissatisfied with lack of reform in govern- ment, Mackenzie was the chief organizer in the rebellion of 1837. In That Same Period In that same period, south of the border, Elijah Paish Loveiov fought the dominant trend of slavery. At Alton, Illinois, he published strong, fearless comment in favor of emancipation of the black race. Lovejoy was murdered. His printing press was smashed and thrown in the Mississippi River. In 1965, I stood beside the Lovejoy monument in Alton, the year that the Eliiah Parish Lovejoy Award was presented to me by the Department of Journalism, Souther Illinois University. The issue was another itegral part of North American freedom, "the right to work". A Man From Cobourg A inan from Cobourg, Pat- rick Gammie Laurie, who learned the printing trade at The Cobourg Star, circa 1850, published the Owen Sound Times and the Essex Record before going to Fort Garry where he assumecf control of the Nor'Wester. Laurie refused to print material provided by the provisiona1 government of Louis Riel. The latter offered one thousand dollars for Laurie's capture. When Manitoba became Canada's fifth province in 1870, Laurie returned to Win- nipeg to found the Manitoba Newsletter. Laurie was the pioneertof the prînted word on -,tbe prairies. Long before the province of Saskatchewan was formed, in 1878, he made a 72-day journey from Winnipeg to Battleford, then the capital of the Northwest Ternitories. lis journey was by oxcart loaded to the bubs witb printing pressand type. In the first issue of The Saskatchewan Herald, Laurie told his story in print, from his bog-constructed, mud-floor office on the bank of the Battle River. Laurie wrote of the perils on the way by oxcart. He told of the far flung lonely plains: of loneliness broken by the dreary requiems of wolves and coyotes. , The story of the Herald is one of Canada's golden stories of the freedom of the press: the indelible story of a man and his printing press: brav- ery, privation, struggling, forever struggling onward. Running a newspa We have a law in Ontario which permits any pregnant woman, married or not, to take a 17-week unpaid leave of absence to have her baby. This law covers part-time as well as full-time employees, provided that they have been working for the same employer for at least 63 weeks before the expected date of birth. When she returns to work, the new mother is guaranteed the rightto her former position or to a comparable position with no loss of seniority or benefits. Naturally, pregnancy does not prevent an employee from being dismissed for valid reasons not connected with pregnancy, but pregnancy alone cannot be the cause of dismissal where an employee is eligible for leave. An expectant mother is required to give two weeks' notice in writing of the day she intends to leave. She is entitled to begin her leave any time within 11 weeks before the baby's birth but she must take at least six weeks of her leave afterwards. If the em- ployer wishes the employee to begin her leave before she wants to do so, the em- ployer must prove that she is unable to perform her normal duties adequately. The employee is eligible for Unemploy- ment Insurance benefits during her preg- nancy leave (even if she does not intend to resume work when her leave expires) if she had at least 20 weeks of ensured employ- ment during the year before the birth. At least ten of the 20 weeks should have fallen between the 30th and the 50th weeks before the birth. If you would like more information about pregnancy leave or other labour legislation of interest to working women, write to: Ontario 20, Queen's Park, Toronto, Ontario. and we will send you a brochure. Ministry of Labour Bette Stephenson, M.D., Minister Province of Ontario William Davis, Premier Section Two The Canadian Statesman, Bowmanville, October 15. 1975 5 single-handed, Laurie stated defamatory libel has to -be communication. That noted in a later issue, and doing dealt with (indicted, tried and politician George Hees has his military duty at the same time punished) in the province own method: "Wherever I see is uphill work. where he lives or in which the a hand sticking out of a sleeve "We still have life, hope, newspaper is published." I shake it." and faith in the country, .....and Charlotte Whitton Jack Miner's sneech was: notwithstanding the rebels, travelled 2,000 miles from "Don't put your tongue m high and we do not propose to let Ottawa to appear as a witness until you get your brain the Saskatchewan Herald go withoutpay for ber trip and started." He also contributed out of existence without a ber time. a pointed remarl:"Any man struggle." The Quebec Padlock Law who is not big enough to Death came to Patrick Maurice Duplessis intro- change his mnnd bas nothing Gammie Laurie in 1903 with duced legislation in the pro- to change." his dream of colonization vince of Quebec: "An Act To And according to the late fulfilled, a dream he pioneer- Protect The Province Against Professor Marcus long, Uni- ed with words from the Communist Propaganda". versity of Toronto, there was printing press......a small but Critics said that the Act-was something for every Board of mighty drop of ink falling like authoritarian, it was nick- Education to think about: dew upon the banks of the named "The Padlock Law". "The fact is that the average Battle River. B this.law the government teacher has only limited The epitome of Laurie is couid close an "offending knowledge and even less found in the statement of printing establishment" for 12 intellectual interest...No per- Pericles: "Freedom is the months. It was illegal to son can be an effective sure possession of those who publish in any manner com- teacher wnose interests do not have the courage to defent it." munications on communism extend beyond the require- On Liberty and bolshevism. Penalty was ments of his school." John Stuart Mill's essay imprisonment. If man does not learn better "On Liberty" (1859) concern- In spite of Canada-wide how to communicate, the word ed the right of opinion. In the rotest, Duplessis invoked the progress, used so glibly, is a interplay of discussion, truth .aw 13 times. He was defeated hollow mockery. Communica- would finally prevail. . With in 1939, but returned to power tion is the key word of our permissiveness all opinion in 1944 to apply the law again. time. Perhaps at Council and was necessary. To oppress an In March, 1950, one instance, Board level, there is too much opinion was to deny truth. the attorney-general padlock- hurry in tendering reports, "The freedoms of the indi- ed the premises of the Jewish seen for the first time. A strict vidual receives are freedoms People s Order of Montreal. curfew could destroy the of the State. The right be has is In 1957, the Supreme Court whole value in the considera- the private-enterprise right to of Canada, by an eight to one tion! print and publish freely with- vote, ruled the Padlock Law We feel that a reporter out any interference, especi- was beyond provincial juris- should have a personal Code of ally from government." diction. Ethics. Public knowledge is John C. Merrill, a professor Mr. Justice Rand the forerunner of justice, and of journalism, said: "Liber- Mr. Justice I. C. Rand a reporter's duty is to seek the tarian or press pluralism in stated: truth, to uphold the right of the the United States is much "Canadian government is in public to know. In so doing, sounder than the social re- substance the will of the however a newsman should be sponsibility-concept: to the majority expressed directly or dedicated to accuracy and socialist, the libertarian falls indirectly through popular fairness. He should not be' a in error because too much assenible's. This means ulti- head-hunter, but a purveyor of emphasis is placed on press mately governmentaby the facts. freedom: in reverse, the free opinion of an open Areportershouldnot accept libertarian points out that the society, the effectiveness of favors from public officials or government, guarantor of which, as events have not other groups, in return for freedom is in authoritarian infrequently demonstrated, is favorable treatment. power such as the socialist urdoubted. The reporter should never state, where press freedom to"But public opinion, in order submit to the management of does not exist. to meet suc hresonsibity, news. The Alberta Pess Act demands the dition of a At the local Northumber- The outcome of "The virtually unobstructed acçess land Task Force Conference, a Alberta Press Act", imposed to and diffusion of ideas. by William Aberhart and his Parliamentary government Turn to Page Six Social Credit government in postulates a capacity in men, the mid-thirties, was a victory acting freely and under self- for liberty in Canada. restraints, to govern them Generally the press opposed selves: and that advance is Social Credit govei;nment* best served in the degree Social Crediters soug t a achieved of individual libera- Ir†/SN'T EAS g OpkEEP ylaw which would transgress tion from subjective as w Il asYuT lRY#A/D the freedoms of a newsoaper. objective sbackles. Undef tbatM The Act was invalidated. government, the freedom of r4 #î7S47 E T/ME.S For its leadership in defend- discussion in Canada, as a ing the press, The Edmonton subject matter of legislation, Journal was given a Pulitze bas a unity of interest and Prize for publie service significance to every part of Babies For Export the Dominion. A famous Canadtian case "This constitutional fact is was "Babies For Export" the political expression of the involving New Liberty Maga- primary condition of social zine and Jack Kent Cooke. It life, thought and its communi- was an expose on questionable cation by language. Liberty in adoption laws in Alberta. The this is little less vital to man's late harltte bittn wa mid and spirit than breathing * 0 late Charlotte Whitton was i. . ispyia eit ng involved, having supplied in- ss to his phyherexistence.Ats formation for the article. individual it is embodied in hisfTUi The court acquitted Cooke in status of cit ishipeu 1948.-In conclusion,sthe threat to Mob IVVeming An amended section of the freedom by the Quebec Pad- Criminal Code was revealed lock Law was quashed. 46 Liberty St. N. 623-5703 at the trial (now section 421 (2): 4'A person charged wit Cuer an forns of Bomanvde If you are empboyed andgon to have ababy, youre entitled to pregnancy leave. Tis Us what Ontario Us doing, a e tomae erai oureeie t MI