xt7wwp9t4p4p https://exploreuk.uky.edu/dips/xt7wwp9t4p4p/data/mets.xml Kentucky Kentucky Press Association Kentucky Press Service University of Kentucky. School of Journalism 1957 Call Number: PN4700.K37 Issues not published 1935 Aug - 1937 Oct, 1937 Jul - 1937 Aug, 1939 Oct - Dec, 1940 Jan - Mar, 1951 Aug - 1956 Sep. Includes Supplementary Material:  2005/2006, Kentucky High School Journalism Association contest 2004-2005, Advertising excellence in Kentucky newspapers 2003-2005, Excellence in Kentucky newspapers newsletters  English Lexington, KY.: School of Journalism, University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Press Press -- Kentucky -- Periodicals The Kentucky Press, October 1957 Vol.24 No.1 text The Kentucky Press, October 1957 Vol.24 No.1 1957 2019 true xt7wwp9t4p4p section xt7wwp9t4p4p , . . .. 9W , a ~_WWW?MWW Wrfliflfiffififififimfliflgwm535931593355399523319532999???999999952373???“a?73.??‘9591971222?€?’:'«Z3399????9‘???if“?93:29:133'31‘2395‘9’E‘E“ 9999*”‘519
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OCTOBER, 1957 THE KENTUCKY PRESS PAGE ONE ‘ E E
E: ii
‘ ‘E EE
. . . . ministrative lifting of a legislative prohibi- ’ E E
P rmlSSlVe Le lSlathn Needs tion, Le, a statute has forbidden a certain EE E
e 9 act which may be done only after an admin- EE
. o istrative official, in compliance with law, has E j
- Thoro StUdy Towa rd ReVISIOn issued a permit (license) which removes the E
legislative prohibition as far as that person E
In our changing dynamic American so- ice power" statutes, many of them seemingly is concerned. EE
. cietY’ the public’s Right To Know was never exceeding the limit provided under the due The growing and expanding license sys~ EE
more pertinent than it is today, but the process of law clause in the Fourteenth tern to keep some unqualified person from E
public’s rights are being jeopardized and Amendment. Our courts, during a long professional practice is the most familiar pro- , 3 EE
,Apeg abridged by legislative acts of permission to span of years, have indicated a process of in- cedure and has been practiced for a long . EE
, p N commissions, boards, and groups to regulate, clusion and exclusive by which each “power" time in well~established, well-recognized pro— E
e 1 2 curtail, or prohibit truthful advertising. The statute can be tested. Again, public opinion fessions. There is a growing tendency, liow- ‘ EE
. 3 rights and interests of the public are being has given sanction to the premise that some ever, for long-established professions to split , EE
V tfl abrogated by legislatures in passing their businesses require more regulation than oth- up into new professions such as the levels ., 2E
_ legislative function of police power to these ers, even though our constitutions guarantee of healing practictioners; and the entry of 3' EE
”‘5‘, “I Egroups. equality to all busmessEes. How can some skill—and-trade groups into a new self— , E E
“ Our channels of communication must be busmesses be treated differently under the determined “professions” such as plumbers, E
aroused to protect the public interest in pre— police power? contractors, barbers, and even horse-shoers. E
senting the news fairly, unbiased, and objec- The answer was suggested by the U. S. Two reasons are advanced by these new E . E
tive—even including advertising. It is not a Supreme Court back in 1876 in the case of ”professional” groups; first, to cause their E
K selfish matter for communication channels; Munn v. Illinois, 94 U. S. 113, when it re- calling to be recognized as a true profession; E
' I it is a duty that needs study and a renewed ferred to certain businesses as being “affected and, second, as a device to maintain a mo- E
/ -dedication to the principles of a free press with public interest." This policy simply nopoly of skill or knowledge to a limited . EE
If" E in a free world. The encroachments on the means that some businesses can be regulated few, more easily controlled. To accomplish , i
public's right to know are becoming acute; much more rigorously with respect to many the first reason, codes of ethics have been E E
Ewe present developments that need reflec- of their activities than can other businesses. established with standards of controls to dis— E E E
; tion and action. The important phase, “affected with public cipline members and thus “protect the pub— E
State legislative activities have been a interest," sets such a business apart from a lic against dangers of unqualified practition— . . E;
Eiesidual right and inherent power since the purely private business operation such as a ers"; the public advantage of this control is EEE E
E beginning of American nationality in scope, grocery or drug store in which competition obviously real and is universally sanctioned. EEEEE E‘ E
variety, and importance. This inherent pow- is solely determined by free play of eco- The second reason needs scrutiny and it- E E
Eer is only limited to that not granted else- nomic forces. Any attempt by government self thorough policing. When the hidden EEE E E
- Ewhere, not prohibited to the state by the to regulate this private type of busrness motive 13 Simply a deVice for maintaining a E E EE
national constitution, and not withheld, ex— would Violate the “due process of law” clause monopoly of skill and/or knowledge, or to f E ‘ 3‘
Epressly or implically, by the state constitu- of the Fourteenth Amendment. “keep out the little fellow," or to prevent E E
tion. No comprehensive enumeration of Following this broad concept of public in— newcomers, even though qualified, from en- E I ‘E
[(5 these powers can be directly stated because terest, police power regulations are applied tering into the trade or profession, then E-EE E EE
LREDIT Esuch powers are seldom specified—they are to public utilities, transportation, communi- such action transcends the conception of E
accepted simply as a part of the general cation, banking, insurance, and other finan- public-interest and smacks closely of racket- EE E
E‘ Epowers of the state; they are inherent and Cial institutions as the most important eering. Legislation unwittingly passed un- E E E
:— residual, only modified, changed, or, in some examples. There is no hard-and-fast line der influence of pressuregroups, in the past E E
: instances denied, by the courts. between businesses affected with public in- few years in many states, has placed the E E E
. - u ~ terest and others, but there has existed a olice ower in the hands of a minorit , but ‘ ‘ E
3 E FOSESESSE: «i:::{e;;WZ:V::rlelgsislt::e f5: 1:1: growing tendency in state legislatures to use :ctive, I)succession of groups, commisiions, E E;
[mblic Welfare”. It has been defined and in- their police power prerogative to pass on and boards. We question the wisdom for a E .
[firpreted in judicial cases as the power of this control to organized pressure groups. In legislative body to give up its police power E; E
the state to restrict the individual's freedom the relationship between government and to these minorities, however meritorious the E
of action, or free use of his property, in or- economic pattern groups, this shifting trend ”surface" reason. E I
5 Eder to protect the health, safety, morals, includes the relation 0f regulation,E orEof The use of this police power by trade as- 1‘ E
”A K.“ . E8°0d order, convenience, or general welfare aid, or 0f protectionwoftimes a combination sociations is directed toward curtailment or
/ 7- 0i the state. In exercising this all-important 0; thESC- Representative instances include prohibition of advertising if the present
aéfieflés POWer, the legislature may restrict the ordi- licensmg, SUPP”t 0f pEriante busmess 1“ PEUb' trend is a criterion. We commend the trade .1
(1‘5" " my rights of liberty and property enjoyed 11C EserVice SUCh as aViation, fire protection, associations when they join with the news- E E:
E’)’ the individual in almost any manner and agriculture, and conservation. papers to end false and misleading advertis— E‘
"1 211most any degree, so long as the federal One important, perhaps the most im~ ing among their members or in their pro- .
ER Supreme Court is satisfied that such restric- portant, type of regulation for the control fession, but we believe that they are perform— E
lions do not amount to a deprivation of life, of economic life is found in licensing. It is ing a gross misservice to the American com-
liberty, or property without due process of used in a great variety of instances to accom— munity when they seek to prohibit member-
law. Today, a myriad of statutes, multiply- plish many purposes such as to raise money advertising in publications. They are for-
mg Year after year, are being enacted in our (store or occupational licenses); to control getting that the American citizen still has E E
Several states, with no end apparently in entry into business (liquor licenses); and to the right of free-choice and free selection. It E
E5181”. permit exercise of a profession (architect's is indeed unfortunate that many trade as- ;
Public Opinion has sanctioned many “pol- license). The purpose may be defined as ad- sociations have commanded a ban on ad— . E?
E ,
E5 g
, .

 ‘ W I" I] 'I H '. u n PAGE TWO THE KENTUCKY PRESS OCTOBER, 1957 oc1
, vertising as a symbol or a synonym for pro- ruling should be established against it. The law had been passed. This has had to
[ fessionalism. resolution, in part, stated, “Do not lose your done carefully, often secretly, since the i
g- 1 Not all trade association members of the freedom—your right to tell your story and port of the general public is not often Put
‘ > rank-and-file have accepted the dicta and your right to educate the public. Successful their side.
. 3 thinking of the top eschelon. There are firms in any lines of business have become We hold and stand in the position , h
i many individuals who believe that they have successful because they have used all legiti- this state board practice is being abused, T ri
‘ E the right to advertise if the advertisement is mate forms of advertising to educate the literally, legislatures have actually passed h A
‘ of proper, dignified type and hold such pro- public as to their facilities, service, location their police power to pressure groups. M Twe h
, ‘ cedures is not damaging to the profession. and personnel.” This Opposition led the business groups are seeking, or have ; law., u
i" ’ The history of the current attack on funeral state board to postpone action until Jan- tained, protection, including anti-advertis' [00 Often
I ‘ 1; directors’ advertising is an example. uary l. restrictions which were never intended approaich
‘ i ‘ The anti-advertising bonfire was started in In North Dakota a proposed bill before our American system of free enterprise. I my We
i ‘ West Virginia, states the Editor and PUb- the legislature was postponed until the next sentially, this is not the newspaper’s probl. advertlsu
‘ : lisher. “AS long ago as 1951 the West Vir- session in 1959. Wisconsin also postponed alone. It is a far more important matter mg, the
i ginia Funeral Directors Association spon- action on a like bill. So the line up reads: concern for the knowledge and informati mark-31p.-
' I sored amendments to State law Changing For—the National Funeral Directors Associ- of the public at large. It is essentially Buleti.
license requirements and adding ‘unethical’ ation; Against—the National Selected Mor- right of the public to know about the I! :llalcross
; to that Of ‘false and misleading advertising.’ ticians, which is second in size to NFDA, quality, availability, and all other details [:1ng
i Penalty was revocation or suspension 0f 1i- and the Preferred Funeral Directors Inter- merchandise or services for sale. Any ab .
i i cense. national. of advertising are correctable by laws agai WhIChdbl
- i “Subsequently, the association construed In commenting on the South Dakota sit- fradulent, misleading, or untruthful advdeane ‘
i 3 price advertising 35 being in the category of uation, the Sioux Falls Argus-Leader voiced tising in almost every state. Kentucky’ssdéf mgny
; false, misleading and unethical. At the re— the opinion of Newspaper America when it utes are found in Chapter 434, Olie 0 en 6C
; quest of the association the state board at- averred, “It is the right of a funeral director Against Property by Fraud, in Sect'segTSFIit I
i : tempted to suspend and revoke licenses Of or any other professional or business man 434270. 2:23:10:
1, some funeral directors bUt it was overruled to advertise. But this doesn’t mean that he These anti-advertising efforts take difi ersiste d
V 1 ‘ b)’ the courts on the basis 0f insufficient must advertise; it is his privilege to advertise ent approaches, but most seek (1) to p Povernme
E definition, standards, etc. or not to advertise. But when an association hibit price advertising, (2) to set maximgnd ove'
, “Thereupon, in 1954 the state board re- or group takes upon itself the authority to advertising limitations, or (3) to prohi 'an '
. vised its rules (under authority 0f the legis‘ tell all who belong to it that they cannot ad- ALL advertising, unless first approvedlive toviia'
I lature to ‘make and enforce the necessary vertise, it is going beyond the boundaries of a state board. ofsto i1
rules’) ICStI‘iCting the Size and content Of ad- legitimate control or supervision. An as- \Vhile these efforts to restrict advertis' Courile):J
i ' ‘ vertising and providing other definitions. sociation may, if it feels SO inclined, employ stem from ”ethical practices" authorized [on Post
ii i ‘ They prohibited price advertising and lim— persuasion or extend advice in respect to and for the medical and legal fields, in}: drive for
‘ i ited newspaper ads to a maximum 0f two advertising. But specific rules prohibiting it ticular, state boards now exist, or are be' news a e
! . inches on one column. Content is limited to are definitely out of order. That is some- sought in most states, for a widening ra lishetil) E
i y 1 name, address, telephone, name 0f director- thing for the individual to decide.” of business fields who thus seek police pmread:
i , ‘ in—charge, and ambulance service. William Oertel, executive manager, Ohio from the legislature. These fields indu "All ad
i “ i . “A West Virginia funeral director filed Newspaper Association, Columbus, has made Accountants, architects, auctioneers, aaccepted
i suit challenging the constitutionality of an intensive study of this legislative-adver- dealers and salesmen, barbers, commissi the advei
these new regulations. The state association tising trend. He points out that the anti- merchants, cosmotologists, dentists, embfl Chandise
filed briefs supporting the board and the advertising efforts by the so-called profes- ers and funeral directors, gristmillers,‘ lisement’
1 West Virginia Press Association filed briefs siona] groups, working through state boards keepers, nurses, optometrists, 0ptiCiZlIlS,P3 VCl‘tiser’s
i . supporting the $11ng funeral director. A and commissions or in the state legislatures, brokers, pharmacists, professional engin at the 1
. ‘ lower court upheld the board on only part have become an increasing problem and one real estate brokers, second hand deal describefd
E ‘ Of the charges. But the West Virginia Su- that is growing in intensity as more and steam engineers and boiler operators, er encou-
“ , preme Court on Dec. 22, 1956, stated the more business people seek this “professional veterinarians. Compliani
. ‘ ‘ rules and r6gulat10ns were constitutional ahd status" and turn to the state legislatures for Other groups seeking such recognition‘ newspape
i that thls was a valid exerc1se Of the police authorization. AS more such groups succeed, clude building contractors, cold sto Also call
‘ power Of the state. AS soon as this dec1sron as evidenced by past legislative action, .we lockers, collection agencies, driver train' ness Burt
i ' begame known the erSh fire was on. find them now protected. from the horrible schools, insurance solicitors, masseurs. 111 News .
i ‘ In Florida the state board went 5-0 far as unethical stain of advertislng by the police cal technicians, plumbers, and dairy from [it]:
4‘ lgfrfhlbltlalcll.adver[181ng Of any klnd ill-d; powers Of.the seYei‘al States. _ duce. AS more service-type organilflli Similar m
‘ i hadsinelssier'zihe1:161:35)ncadfngnstfilfliltiosifalictly meiiilc:findiiiliis‘fZIriSfZgndl-izdalstaibefccissitlfrlilstil: and personnel develop, the clamor for5 policy, rt
[ has been tabled by the legislature until its a self-imposed basis as it rEmaPihs with them llcensing and statecontrol W111 grow, adViSing
i ‘ next session in 1959 but the state board says today in most respects Now‘we find other WM} thls growth W111 come more and”; tth fro
if the rules will remain in effect until official] b ' k' i ' i b anti-advertising demands, unless. conCt’ Suggest r
1‘, . n y usmess groups see mg 51““ ar status, ut action to check and correct this trend when the
rescmded. . not be1ng able to self-impose such status in made. advert
i; The next bonfire was started In South Da- all their fields, have worked through state A h . M Oertel den lseI
i i -\ kota, 13‘” was someWhat dampened when the legislatures to get protective laws passed that mong 0t er suggestions, :1 . divili in Ceflth;
. ‘ South Dakota Funeral Directors Association give them the police power. Or they have vocated that :atel:s]sgoc1atlorfils an] infor sL‘ i302
i adopted a resolution which stated that ad- sought the establishment of state boards with newspapers S ou e on t e a er .i elem: ‘
i“ vertising of a dignified type is proper and no power to accomplish the same result as if a (Please Turn To Page W the “111:;
iiiillli‘ll ‘ If“ Hi I
I .

 . . ., - ‘Ivitfll.
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DBER’ 1957 OCTOBER, 1957 THE KENTUCKY PRESS PAGE THREE “E E;
I i E
s has had to . . E E E
y, since the E . I . , false or misleading statement, representation E
is not often PUbIIC S ngh'l's Are Abr ldged or advertisement, Within intent to sell, bar- E
ter or exchange any goods, wares or mer- . it
he position E h P ' ' L ' I ° ' chandise or anything of value; or to deceive E I
aing abused,T roug ermISSlve egls atlon or mislead any other person to purchase, i E
:tually passed A . . “Th ht t b to effe t l a ‘ f 'h' h b . discount or in any way invest in or accept V E
re groups. M The mericanism Iere oug o e a 1 c1 c e nups 'rom‘wit in t e "usmesses as collateral security any bonds, b111, share E
g, or have E law! , humorously. or seriously, is heard far tiemse ves than it is to pass a law. We find of stock, note, warehouse receipt or any se- E
5 an ti-a dvertig' too often in America today. The self-eVident far too many of these regulatory laws on the curity; or to make any loan upon or invest E'E,
ver intended approach tothis pressure of passmg regula— statute books, but believe that‘ our busmess in any property of any kind; or use any of , E E
e enterprise, I tory advertismg laws is the need to clean up leaders should adopt and put in force some such advertising methods with the purpose . E
spaper’s prob]. advertismg‘ practices such as bait advertiS- real self-regulations by .the sheer force of of deceiving or misleading any other person . E. E;
nortant matter mg" the referral plan, and the PSCUdO majority busmess morality. to employ, for a valuable consideration, the EE
and informaii mark-upbargain offer, _ . There should not be a need ’for such. new services of any person advertising such serv- E E .
is essentially Bulletins of Better Busmess l3ureaus from laws as those condemning 'bait advertismg, ices, shall be fined not more than five hun- .- E
v about the (I! all across the nation are reporting action. by yet Florida, and California do have such dred dollars, or be imprisoned for not more I‘ E
E other details legislative bodies of cities and states against laws. There should not beua need fnr regu- than sixty days, or both. If any corporation . E E
sale. Anv ab these bad. advertismg busmess practices lations of the referral or mark-up adver- violates this section, it shall be fined not E. E
e by laws agaiwhich busmessmen themselves should have tismg practices, yet Oklahoma has deemed more than five hundred dollars, and its , E
intruthful adi cleaned up long before. The necessity for such legislationinecessary; president, or other Officers who are respon- E
Kentucky'ssme many statutes seem to be prevalent so In 1911,. Printers lnk wrote a model sible for the management Of the corporation, E
r 434 Olie often because a‘hard-bitten, pig-headed small statute against misleading advertismg. Twen- shall be imprisoned for not more than sixty . E
ud in Sect' segment of busmess has refused to clean up ty-Six states, including Kentucky, have adopt- days. E,
E I conditions whiCh affront the public and re- ed what might be called the “strict” version ‘ ‘E a I” . E
forts take dill flect on all business. When these conditions of this law while 17 other states have passed Studying and comparing the present Ken- E E
k 1 persisted the public eventually turned to milder variations. Courts and other authori- tucky statute with the “Printers’ Ink" pro- E E
see ( > to. P government to act in the common welfare— ties have come to consider this basic statute posed revision, we believe that the present E E E, E
to set maxmi. . . . . . . E i
,and government usually acts. applicable against ANY advertismg decep- statute can be materially strengthened With E i
r§3)31::r§::§u Many newspapers have taken the initia- tion, yet Ohio, Hawaii, .and nine other increased safeguards to both the general EEE E
live toward truth in advertising as the means states have adopted spec1fic laws against public and the newspaper. These important E .1: E
. .. of stopping legislative action. The Louisville “bait” advertising. stressed safeguards are emphasized in bold | j?
5m“ advert”Courier-Journal 84: Times and the WaShing- In 1945 “Printers Ink”, because of the de— face type in the following section. Your E E
E5" authorizedmn Post and Times-Herald have led the velopment of new media, particularly radio KPA secretary has drawn up a bill which EEEEE E E
gal fields, in E drive for true and ethical advertising. These and television, and because of recent court he recommends should be submitted to the EMU ME
(“ti or are be newspapers wrote each advertiser and pub- decisions which have tended to narrow the January legislature. Please study this pro- EE E E E '
- Widening ra'lished a statement in their columns which construction of this first model statute, is posed change carefully and write your com- EE E ‘ E
ieek police PO“ read: urging a revision. The revised version makes ments to the Central Office. The revised E E
*3 fields inclu "All advertisements in this newspaper are it unlawful to advertise misrepresentations statute follows: E EE
uctioneersi .3. accepted for publication on the premise that in connection with the PURCHASE of com- . . . . E E E
bers, commlSSY the advertisement is true and that the mer- modities, securities, services, or real estate as AN ACT P rov1ding protection 0f. the P Ubhc E E E
dentiStSI emb chandise, or service, described in the adver— well as with SALES. It is designed to elimin- agalnSt EnuilithfuL mlfleadlng’ decep— E E E
gristmillers, 'E lisement is available to customers at the ad- ate false claims by those dealing in the pur- two, or balt advertising through any E ‘ E
l: opticmnshpl vertiser’s address and will be willingly Sold chase of used goods who make one offer in form 0f advertismg. E‘ . E
SSiOnal engm at the published price and in the manner an advertisement and a different offer when Be It enacted by the General Assembly 0f E E
1 hand deal describedi th (1 ' If a read- the oods are resented b the res ective the commonwealth 0f Kentucky: E E:
.r n e a vertisement. ny g p . y p 'p Section 1. An erson firm cor oration i
r Operators, 8r encounters anything less than faithful seller. It also amplifies false advertisement ‘ , . y l) ’ ’ p i ;
Compliance with these conditions, we at the offering employment. “Printers Ink” also or assoc1at1on 9r agent or employees there- E
h recognitionE newspaper would a reciate knowin it. has drafted an in'unctive rovision because Of’ who,.w1th. intent to sell’ purchase or-in E .
PP g J P
5, cold sto Also call or write the Louisville Better Busi— of the belief that truth-in—advertising statutes other Wise dispose OE’, or to contract with I
, driver train ness Bureau.” - sometimes are not enforced because of sever— reference to merchandise, real estate servrce, E
, masseurs, ”1 NewsPa ers in'oth’er arts of the count ity of PCnalties. employment, or anything offered .b): SUCh E E .
and dairy i from tiniep to time in 51 e ast have r3]; 1* a ‘t . person, firm, corporation or assoc1ation, 'or E V
pe orgaflilati similar notices' some a erspas ’in a eneral Kentucky Statute concerning false and agent or employees-thereof, dlrealy or 1.11— ' E
‘ clamor f0“ Policy run a ho ‘ 'n 'lfhtIBJir classified :ctions fraudulent advertising found in KRS Chap. directly, to the public for sale, purchase, dls- .
I will grow, I’ adVisiiig readersx If their efforts to rotect 434. tribution, or the hire of personal serVices, or : Ej
: more and w them from fa} e o d d6 6 five dam}; and .KRS 434.270 False and Deceptive Adver- wrt