xt7wwp9t2q46_108 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed.  Permission must be received for subsequent distribution in print or electronically.  Physical rights are retained by the owning repository.  Copyright is retained in accordance with U. S. copyright laws.  For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 111 "The Right of Petition" Speech of Jouett Shouse broadcast over the National Broadcasting Company network on March 6, 1936. (Note: An audio copy of this speech can be found by searching the SONIC catalog at the Library of Congress.) text No. 111 "The Right of Petition" Speech of Jouett Shouse broadcast over the National Broadcasting Company network on March 6, 1936. (Note: An audio copy of this speech can be found by searching the SONIC catalog at the Library of Congress.) 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_111/Am_Lib_Leag_111_001/Am_Lib_Leag_111_001.pdf section false xt7wwp9t2q46_108 xt7wwp9t2q46 ~ 5 i
AN INVITATION TO JOIN THE  
AMERICAN LIBERTY LEAGUE   * *
  •
    The Right of
We extend to every American citizen who believes in §
the fundamental principles which gave birth to the E, - • •
Constitution of the United States an invitation to be- Q  
come a member of the American Liberty League. §
You may indicate your acceptance of this invitation g
by filling in the necessary information as to your name Q
and address on the enrollment blank below and mailing § C
it to American Liberty League, National Press Building,   * * *
Washington, D. C. §
3
There are no fees or dues. If you are willing and §
able to give monetary help for the League’s support E
· your contribution will be appreciated, as our activities g
are supported entirely by the voluntary gifts of our E Speech of
members. ~ é
ENaoLLMENT BLANK   JOUETT SHOUSE A
g President of the American
D
I favor the principles and purposes of the American i ove,. the
Liberty League and request that I be enrolled as a §
mgular g Network of the National Broadcasting
{ *contributing } mf’mb°"• .   System
Sig”a"”`°  g ` March 6, 1936
Name (Mr. Mrs. Miss) E
E Street S \}‘€ c·<1
gi · S 4   `
3 E v ’¤¤»;‘wi·~; 4*
E Town §  
` *9 P
s 'Y W
S
L County State W E
*As a contributing member I desire to give $ _   I
to help support the activities of the League: Cash here- § AMERICAN LIBERTY LEAGUE
E National Headquarters
with Installments as follows:   3 NATIONAL PRESS BUILDING
  WASHINGTON, D. C.
W C   ir I *k
(111) E
g Document No. 111

 The Right of Petition
ir
IN THE SUMMER of 1935 the United States
Senate, by resolution, created a special commit-
p tee of tive Senators to make investigation of
lobbying activities particularly with reference
to the so-called “Holding Company Bill.” This
Committee conducted public hearings over a
period of weeks under the Chairmanship of
Senator Hugo L. Black of Alabama.
Within the past two weeks it has become a
· matter of common knowledge that the Black
I Committee has issued blanket subpoenas for all
telegrams of numerous corporations, firms, indi-
l viduals and organizations, including confidential
communications between lawyers and clients
;_ and personal messages between husband and
`   wife.
Within the past few days it has been dis-
` X 7 g covered that the Federal Communications Com-
HEN Yeh have finished with this mission during the recess of Congress last fall
pamphlet please pass it on to some sent its agents to the Washington offices of the
friend or acquaintance who might be Western Umon Telegraph Company and made
copies of thirteen thousand messages, which
interested- calling his attention te the copies it turned over to the Black Committee.
membership blank on page 12.
4 THE RIGHT of the Black Committee to sub-
I poena telegrams will not be here discussed. The
matter is now before the courts in an action
brought by Winston, Strawn & Shaw, a promi-
nent Chicago law firm. Certain facts, however,
should be emphasized. Both the Western Union
and the Postal Telegraph Company, without
H advising their customers of the fact, furnished
telegrams in response to the subpoenas. These
~ Q telegrams embraced all messages of said cus-
»   tomers, whether of a personal, professional or
i business nature. They had been accepted by
t   the telegraph companies on the agreement that
p their contents would not be disclosed without
consent. No attention was paid to this agree-
I l ment and until recently no notification of the
subpoenas issued was given by the telegraph
companies to the parties under attack.
3

 But there is an even more important aspect Now just whst is implied and involved in
of the whole situation. Confused and variant this transaction? The Federal Communications
statements have been made as to what transpired Commission is s part gf the Executive Branch
with I'€f€I'€I1CC to thi? seizure of lZ€lCgI`3III.S h€I`C of the gOVg]_·nm_cnt_ It isnit under any- depart,
in Washington. Senator Black is quoted in the mental head. It is an independent Commission
morning papers of March 6th as saying that 110 answerable only to the President. It is, there-
telegram was secured except in response to a fore, the President’s personal agent in connec- ( ·
definite subpoena. tion with all matters that appertain to com-
munications, whether telegraph, telephone,
ON MY OWN responsibility and On the rg_ cable or radio. In other words, the Executive
sponsibility of the American Liberty League I Braach of tiie goveinmentv witnont enttioi`itY¤
make the following Statement: Last {3]] agents lent itself to the request of the Black Senatorial
of the Black Committee went to the Washington Committee to eeettte through Subtettttge far that
offices of both the Western Union and the Postal Committee information wiiioii _tne Committee
Telegraph Companies and demanded the right ned not been eioie to eeonte tot iteeit·
to go through copies of all telegrams on file in
those offices. Agents of the Companies were NQW THE QUESTION arises ss to whether
confused as to what to do. They were afraid to .» the Federal Communications Commission had
decline to grant the demand and yet ii1eY were the right to make these copies of telegrams in
COl1SClOl1S of lLl1€ I’lgllIS of iLllCi1’ CIISIOIHCIS   01-dg]; [0 turn them gvgr tg the Bleek Senatorial
made compliance impossible. Therefore, they ¢ Committee.
stalled for time until they could confer with The Communications Aet of 1934 provides in
their superior oiticers and get instructions. Section 1 of Title I (S 151, Title 47 U. S. Code)
Before a decision had been reached, agents of the purposes for which the Federal Communica-
the Federal Communications Commission, ac- tions Commission was created. While those
companied by agents of the Black Committee, purposes are broad, they are nevertheless def-
came to the Washington offices of the two tele- initely limited to what might be generally
graph companies and demanded under the stated as the improvement of wire and radio
authority of the Communications Commission 9 communication service.
access to all copies of messages in the said oitices. The Act provides in detail for means to en-
Because of the control of the Communications able the Commission to carry out the purposes
Commission over the affairs of the telegraph set forth, and Section 409 (b) of the Act (S 409,
companies the representatives of the latter did Title 47 U. S. Code) gives it the power to
not dare refuse and this summary demand was “ compel the production of books, papers, etc.
consequently complied with. For a space of But such power is not given without restriction.
weeks the agents of the Communications Com- lt is stated to be only "for the purposes of this
mission, in conjunction with agents of the Black Chapter,” and the powers given by that Section
Senatorial Committee, went through tl1e entire ' must, therefore, be limited to the purposes set
files of the Washington telegraph offices and t forth in the Act, namely, to further an efiicient
made copies of such messages as they desired.   wire and radio communication service.
The telegraph companies do not know what The Commission has no power to investigate
messages were copied. The copies made were or proceed in regard to matters wholly unrelated
not turned over to the Communications Com- to the purposes for which it was formed. It
mission but were turned over to the Black cannot lawfully be used as a searching agency (
Senatorial Committee. to obtain information for the use of other Fed-
4 5

 eral bodies merely because the information was Now get that: I do not mean telegrams about
forwarded over the wire systems. If the in- legislation or public business——I mean that if
formation is in any way relevant to the consid- you, wherever you live, sent any telegram, how-
eration of how an efticient wire system can be ever private, to any one—in or out of office-——in
developed, then it would probably be covered Washington——or if you sent any telegram, how-
by the provisions of the Act, but where the in- ever private, out of Washington to any one in
formation has no relation to such matters and the world, on any subject, your telegram has
is wanted solely for the purpose of some other come under the prying eyes of representatives
federal body or investigating body, the right of of the New Inquisition. ,
the Government to obtain such information has We are not informed as to whose telegrams
no lawful justification in the Communications were copied. We do not know how many copies
Act which gives investigating powers to the were made of each. We do not know whether
Commission only for the limited purposes set copies turned over to the Black Committee will
I forth in the Act. be published or whether they will be passed on
r to others and thus form the basis of injury to
NOW CERTAIN Peitiiieiit oiisetvetioiisi . the senders or recipients. But we do know that
i"it is clear tiiet iiowiiete iii thc Fetietoi if this example of governmental terrorism is
Commtiiiieetiotis Act is 'siitiiotity giveii tot tiie allowed to go unrebuked and unrepudiated we
Commissioii tiiiis oiesteii to seize Your teiegmms   have seen the end of those rights of privacy and
oi` mins save tot ths iimiteii and speeiiieti Poi" i` decency which are the distinguishing character-
poses contemplated in the C1'C3ti0I1 of thfi C0m·   igtieg of civilized men. If your t€l€g1‘3I11S 0311
missioii· be pawed over at will by agents of a partisan `
2`—EqiisiiY it is eieei tiist it this eommissioiiv political group, what assurance have you that
si iiiieet egeiit ot tiie Pi`esi‘ieiit¤ eeii deliver tiiese your mail may not be tampered with? What
tslcsmms to tiie Bisek Committee it esti ‘ieiiVei` assurance have you that your telephone wires
tiiem to siiY oiie eise it Piesses· may not be tapped and your conversations re-
o""it the Black Committee esii seize tiie teie' ported? What assurance have you that dicta-
grams ioetweeii iewyet ami eiieiit oi` iietweeii phones may not be placed in your offices or
husband and wife it can seize correspondence of Yom. homes?
an equally confidential character.
4—If the Federal Communications Commis-
Si0I1 may assume to demand tclegyams at the iEH?RE IS11811 Hspéfbt Of this situation Tvlnch
instance of a senatorial committee it may with S Ou d be ca cd Particularly I0 the attenmm of
equal right demand them at the behest of the the Iicitspapcrs of the country and the press
Department of Justice. associations wh1ch serve them. I have had some
connection with newspaper work at various
LET US see just what has happened in the City times and I know, as every editor and publisher
of Washington, the Capital of our Nation. Every _ and correspondent knows, that there are lit-
telegram sent by any citizen of the United States j erally thousands of confidential messages pass-
to any one in Washington between February 1 ° ing over the leased wires of the important news-
and December 1, 1935 has been subject to exami- I papers and press associations every year and
nation by employees of the Federal Communi- other thousands sent and received by papers
cations Commission or the Black Committee. which utilize the regular commercial wires of
Every telegram sent out of Washington during the telegraph companies. Those messages are
those ten months has been subject to such an integral part of the mechanics of a free press.
examination. Are they to be subject to inspection by secret
6 7

 agents Of a Federal regime? Am they to be Note the concluding words of that important
used by any Federal administration in attempts iilaaangisgfiliz; ifslsigic Ellie; Sggighcgmggg
to influence newspaper policy? at Y _ ,7 ’
Of course the messages pawcd Over in thg the persons or- tl11ngs to be seized. Now we
Washington Omccs of the two telegraph c0m_ have the amazing spectacle of agents of a Sen-
panies included telegrams sent and received by été Comfgltgcifcuirylngbabout thciwilntgy scr`;
members of the Senate and the House of Repre- mg S°`°a *3 an at Su Pocnas W lc Bman
sentatives—messages passing between Senators the pr°€lu°ti°?1 0f ell messages received or SSM
and their wives, messages to and from members PY Specmcd 1{1d“j1dua1S’ Parm°rSh1PS’ aSS°°1a`
of Congress and their confidential political ad- umm or °rgamzau°nS‘
visors in their home States. That is a situation
which, I trust, is pleasing to the Senate under FURTHERMORE, as exemplified by the pro-
whose authority the Black Committee has acted. Y cedure followed in Washington, we have the
It should be remembered that these confidential s ectacle of an a enc of the Executive Branch
P G Y
messa es have been examined b a lar e cor s of the overnment, inde endent in its authorit
g Y S P S P Y
of employees——not by the Senators on the Black and answerable only to the President, taking
Committee themselves although, of course, they advantage of its power over the telegraph com-
are also available to those Senators. anies to seize co ies of the messa es of all
. P P g
citizens sent either to or from the City of Wash-
I ONE OF THE Principal masons for the Amep ington during a space of many months .and to
ican revolution was the practice of the British · tm`? °Vcr any of these messagcs fhat Hugh? bc
Crown in issuing Swcaucd Writs of ASSiStaucc_ desired to the agents of a Senatorial Committee
These Writs were authorizations for officers of wllgse demand for them had not been °°mPh°d
the C1·own———that is, representatives of the Brit- wu ‘
ish government to Search any place at any time . Th1s whole revolting revelatioln 18 a striking
in an effort to detect violations of the law. In- métanlse Of hwhat IS $8-PP§¤1¤s m many com;
evitably the authority given under the Writs tmcs ut W at WC t Oug t we wcm pmtcctc
was abugcd and this abuse as Well as the fuudw from. If the actions that are admitted shall be
4 1 . . . .
mama] tyranny embodied in the System of iSSu_ sanctioned the rights and liberties of the Amer-
ance of Writs, did much to drive the Colonists lcigfhpegplc gm SEIIFEUSIY gnpcmlefl f  
to armed revolt. e merican 1 erty eague IS one o t e
When the government of the United States group gfwsc tclegmjlms haV°_b°°n t“"j‘§d Over
was set up under our Federal Constitution the 50 the ick Clgfnmnmtl Quite by xml Ent YB
utmost care was taken to prevent any revival of fgarncg t 31; fl ti héld hai? (me' tf; {my mtg
such things as the Writs of Assistance. The Erma Hin 3 b E _ ODE]; cgcan as 1 $5 mo;
fourth article of the Bill of Rights reads as t mawe c;_n];€’ Lut It wlh C dlsappinntc al;t_€
I follows: resu ts. . e eague as one 1ts wor 1n _
wm] , ht f th I t b _ public. Just as voluntarily it has disclosed all
e r1 o eo e s . . . . .
, g B P P O 6 ccum m of its expenditures, and has d1sclosed 1tS cont.r1-
the1r persons, houses, papers, and effects, bmi 1 d 11 f 20 000 d
, _ ons argc an sma rom , men an
against unreasonable searches and seizures, . . . . .
h H t b , 1 t d d t h H + women, so has 1t made public its position on any
? a no C V10 a B ’ an nowarmn S S 3. question with which it has dealt. There are no
issue, but upon probable cause, supported . . . . .
, _ skeletons 1n 1tS closet. Therefore lt IS without
by oath or affirmation, and particularly de- S€H,_imc1_cSt
°b' th 1 t b h Y h '. · .
SCH mg C   acc 0 8 ?carc cd’ and t E But the Libert Lea ue was established to do
” Y 3
persons or things to be seized. -
9
8

 what it can for the protection of the Constitu-
tion and the preservation of the American form
of government. These sacred heritages are
threatened. With every resource at its com-
mand the League will carry forward the fight,
not on behalf of any group, not against any
individual, but solely for principles that are
immutable.
IN SPEAKING to you tonight I have been ex-
ercising one of tl1e fundamental rights guaran-
teed to the free people of the United States by
their Constitution. I refer to Article 1 of the
Bill of Rights, which is the safeguard of our
right to petition the government for redress of
grievances. May I not suggest to my hearers
from one end of the country to the other that
they join with us in a mammoth petition of y
protest against this monstrous invasion of our
fundamental rights which has been perpetrated A
by the present Administration at Washington
through its so-called Federal Communications
Commission and by the Black Committee of the
United States Senate.
We offer the resources and assistance of the
American Liberty League to formulate and_pre-
sent this National petition of protest. Write to
the American Liberty League, National Press
Building, Washington, D. C. Or I might suggest
even that if possible you telegraph because we
know that a wire at least, especially if addressed
to the American Liberty League, will not only
come to the attention of the Administration and
the Black Investigating Committee of the Sen-
ate, but will have the most alert consideration
of both.
O
10