PROPOSED AMENDMENTS TO THE FEDERAL CORRUPT PRACTICES ACT THURSDAY, APRIL 17, 1952 UNITED STATES SENATE, SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS Washington, D. C. The subcommittee met, pursuant to call, at 10:15 a. m., in the caucus room, Senate Office Building, Senator Guy M. Gillette (chairman of the subcommittee) presiding. Present: Senators Gillette (presiding), Monroney, and Hennings. Also present: Grace E. Johnson, chief clerk; John P. Moore, chief counsel; and Israel Margolis, assistant counsel. Senator GILLETTE. The subcommittee will come to order. The subcommittee meets today, on call of the chairman, in its second meeting for the purpose of receiving information relative to corrective legislation in the field of Federal election laws. Our first meeting was held during the week of September 13, 1951, when testimony was received from William M. Boyle, chairman of the Democratic National Committee at that time; Hon. J. Howard McGrath, Attorney General of the United States at that time; Hon. William Benton, United States Senator from Connecticut; and Guy Gabrielson, chairman of the Republican National Committee. The subcommittee members, and the staff members have, in the interim, given considerable thought and study to the suggestions advanced by these witnesses, and to the proposals which this, and other committees have made, with respect to amendatory legislation in this important field. The principal proposals are outlined in a memorandum which we have prepared and submitted to all members of the Senate, and to other interested persons, dated April 2, 1952. A copy of this memorandum will be incorporated in the appendix to the record in these proceedings; and may I add, parenthetically, that the appendix will also contain communications which we have received from former President Hoover and other persons relating to these proposals and the general need for amendment of the Corrupt Practices Act. At today's meeting, we are pleased to have with us representatives of the radio and television industries, who will assist us with cost data and other relevant information relating to these very vital and dynamic media of communication which will undoubtedly play a very significant role in the coming political campaign. At this point I want to add to this statement, that I have just made, that this subcommittee, as a result of its various investigations into 97 various jurisdictions, have felt that it is clearly necessary for the Senate of the United States to adopt mandatory, or other remedial legislation to meet the abuses that are continually cropping up in campaigns. We are just on the verge of a presidential campaign, of course with the accompanying senatorial campaign, and it bids fair to be one of the most bitterly contested campaigns in which this country has ever engaged. It has become evident to the members of the subcommittee that our present laws have been, in some respects at least, honored more in finding ways to violate them than they have to conform to the spirit of them; and we realize the difficulty of enacting remedial legislation without running contrary to the Constitution, and to individual rights as secured by the Constitution, especially those in the field of local controls of elections; and in the field of free expression of opinion, which is essential in a democracy. As I suggested in this preliminary statement which I have just read, we have invited to come before us many, to offer us any possible assistance. We have invited the President of the United States. We have invited a number of newspaper publishers of outstanding publications. We have invited every Member of the United States Senate, and a number of publicists to give us the benefit of their suggestions, so that out of all this we can sift and draft legislation in time to be effective in this coming campaign. It is impossible for many of these people to come. I think we invited the editor of the Chicago Tribune, the Atlanta Constitution, the New York Times, and others; and, we asked Mr. Farley, who had served for many years as chairman of the Democratic National Com mittee and who is fully conversant with the situation. Every one of these have expressed their great interest and are anx ious to be of help, and every one have agreed to the need. There were various reasons that prevented some of them attending. They all have expressed their regrets. Some of them have suggested that they would present statements. Today, we wish to hear from witnesses representing the great systems of broadcasting, the media, through the utilization of radio and television, and other sources of that type which have become more and more necessary and essential and valuable in the field of the dissemination of campaign activities and news concerning them. We shall hear first from Mr. Adrian Murphy, president of the Columbia Broadcasting System radio network. Mr. Murphy. STATEMENT OF ADRIAN MURPHY, PRESIDENT, COLUMBIA BROADCASTING SYSTEM, RADIO, ACCOMPANIED BY JULIUS F. BRAUNER, SECRETARY AND GENERAL ATTORNEY, COLUMBIA BROADCASTING SYSTEM Senator GILLETTE. Mr. Murphy, will you give your name and official position and residence to the reporter? Mr. MURPHY. My name is Adrian Murphy. My residence is 167 Townsend Avenue, Pelham Manor, N. Y.; and my position is president, CBS Radio. Senator GILLETTE. Will you be seated, Mr. Murphy? We are very appreciative of your taking the time and trouble to come and help us in this work. We will be glad to hear from you in any way you wish to present your thoughts or suggestions. Senator MONRONEY. Mr. Chairman, I wonder if the record will indicate that Mr. Murphy is accompanied by Mr. BRAUNER. My name is Julius F. Brauner. Senator MONRONEY. Mr. Chairman, might I make a short statement? Senator GILLETTE. Yes. Senator Monroney. Senator MONRONEY. One of the reasons we are particularly interested in the radio and television phases of the campaign is its everincreasing importance, as the chairman says; but also the fact that the present election law governing campaign expenditure limits, and certain exemptions from those limits was passed in about 1925, and if my memory serves me correctly, there was no such thing as widespread radio coverage at that time, and certainly television was still in the realm of the unheard of and impractical things that would never come about. Those two media have brought the candidates' own personalities to the voters, and are very effective means of letting the voters know what the candidate, himself, stands for. It has enlarged the political places from the political clubhouse to the homes of the Nation, and for that reason we feel that we simply cannot continue to operate under the law and expect effective enforcement and observation of the law that was written before these two vital media in campaigning have come about; and that was one of the main reasons I believe that the chairman and counsel wanted to start on radio and television, so as to ascertain the uses of it, the anticipated uses of our candidates and political parties and any other suggestions that you men who, from day to day, have to live with this problem, have to give us. We do appreciate, as the chairman said, your kindness in giving us your time to help us out in the study of this vital question. Senator GILLETTE. Thank you, Senator; and I will ask the counsel, Mr. John Moore, to take charge and we will interrupt from time to time, perhaps, as members of the subcommittee might desire to ask questions. All right, Mr. Moore. Senator MONRONEY. Before we start, I would like to have the record show that several members are unavoidably absent. Senator Welker has been in the hospital and only today has been released, and I do not know whether he will feel able to come or not, today. Senator Hennings is in the flood area, because it is vitally damaging his own congressional district. And Senator Hendrickson, I expect, will join us in a few moments. Senator GILLETTE. And Senator Smith, a former member of the subcommittee, who has been vitally interested in this, will come down shortly. She is no longer a member of the subcommittee, but she will give us the benefit of her thoughts along these lines. Mr. MOORE. Mr. Murphy, you have à prepared statement, do you not? Mr. MURPHY. I do. Mr. MOORE. And you prefer to read the statement into the record? Mr. MURPHY. I appreciate the invitation to appear before this committee and to present to you our policy with respect to political broad casts. Our basic policy on political broadcasts is set forth in a statement of CBS policy for the guidance of operating personnel dated May 17, 1948. I should like to read to you the opening paragraphs of that state ment. It has long been Columbia's policy to devote a proper amount of time to the discussion of political issues and to make no charge for such time except during the actual campaign periods during which the legally qualified candidates need, and are entitled to, so much time that we cannot afford to fulfill their needs without charge. This is a service voluntarily assumed-and is not imposed by any law or regulation. To give effect to this policy, to provide for an allocation of time for all legally qualified candidates that will be equitable in view of their respective needs and requests and to afford general opportunities for the use of such facilities to all such candidates, Columbia has formulated the following general statement of policies. To the extent that these policies do not accomplish their purposes they will be reviewed and revised. That is the end of the quotation. I believe you have a copy of the statement of policy, that goes on in detail. As a matter of fact, this year, because of the great interest in the primaries, we have decided to sell time for political broadcasts whenever requested to do so, although this year-as in the past-we are making time available on a sustaining basis prior to completion of the conventions. For example, since the first of December, 1951, CBS Radio Network has carried 11 broadcasts which we classified as political. Examples are: Senator Kerr's speech on January 25 at the Democratic Midwest meeting, a January 26 address by Senator Taft before the Women's National Republican Club, a February address by Harold Stassen at the Republican Club's dinner and President Truman's speech at the Jefferson-Jackson Day dinner. On May 5, we are carrying the acceptance speech of the presidential nominee of the Socialist Labor Party and on May 8 we are carrying a speech by Paul Hoffman, chairman of the Advisory Committee of the Citizens for Eisenhower. In addition, CBS Radio Network is broadcasting two series of political programs, one entitled "Candidates and Issues"-the other— "Presidential Profiles." These series commenced the 1st of April, and will continue until sometime shortly prior to the conventions. Candidates and Issues is broadcast from 10 to 10:30 p. m. on Tuesdays. Each week all candidates for nomination by the major parties are invited to state their views on a specific issue of national importance. Presidential Profiles is broadcast from 10:30 to 11 p. m. on Thursdays. It provides each candidate with a half-hour period to use in |