Vol. 6 No. 5 (May, 1996) pp. 93-94
THE KINGFISH AND THE CONSTITUTION: HUEY LONG, THE FIRST
AMENDMENT, AND THE EMERGENCE OF MODERN PRESS FREEDOM IN AMERICA
by Richard C. Cortner. Westport, Ct.:Greenwood Press, 1996. 216
pp. Cloth $55.00.
Reviewed by Nancy Maveety, Department of Political Science,
Tulane University.
As a New Orleanian (non-native) and a public law scholar, it is
hard not to feel a perverse sense of pride about Louisiana's
tradition of contributing to the development of constitutional
rights by thwarting them. Prof. Cortner's new book lavishly
details one important episode in this tradition: Huey Long's
experiments with press censorship and the constitutional battle
that ensued over them. Without a doubt, the story of Long's
colorful despotism, his struggle with the state press, and the
resulting establishment of constitutional protections for press
freedom makes for lively reading. Cortner's entertaining yet
meticulously researched narrative should have broad appeal to
historians of the American South , Supreme Court scholars, and
students of political personality.
The Huey Long saga offers interesting lessons on the precarious
nature of democratic institutions before the forces of political
demagoguery. During his political reign as Governor and later
(though some would say simultaneously) as U.S. Senator, Huey Long
held veritable dominion over the institutions of Louisiana state
government. (His political opponents only half-jokingly referred
to assassination as the only remaining vehicle for rotation in
office.) The one democratic institution that Long failed to
dominate was the Louisiana press. The criticism of his policies
and political style by major newspapers in New Orleans,
Shreveport, and Baton Rouge not only irritated the Kingfish, it
precipitated the defeat of his program in the 1930 legislative
session. Cortner richly details Long's comeback from this
setback, describing Long's creation of his own press organ, the
LOUISIANA PROGRESS, which was later rechristened the AMERICAN
PROGRESS as Long's political ambitions broadened. The centerpiece
of Long's offensive against his journalist enemies was his plan
for a newspaper advertising tax, designed to punish the daily
papers that had been Long's most vociferous critics. Relying on
archival materials and contemporary sources, including editorials
from the many papers affected by the tax, Cortner reconstructs
the political battles of the 1930s, from which Long emerged as
the victor. With the successful passage of the newspaper tax in
the 1934 legislative session, and with his alleged mistress,
Alice Grosjean, installed as the official responsible for the
collection of the new tax, Long's "tax on lying, at
two-cents a lie" seemed to presage his complete
strangle-hold on democratic governance in the state. As the NEW
ORLEANS TIMES-PICAYUNE commented at the time, "the rape of
representative government, and the assault upon a free press just
driven to success by the openly wielded lash of a dictator
without principle, honest conviction or scruple constitute the
blackest chapter in Louisiana's history." (91)
From here, Cortner turns to the testing of the advertising tax in
court. He intertwines the story of the preparations of the
various counsel for the Louisiana papers with an
Page 94 follows:
overview of the political and doctrinal predispositions of the
federal judges who would hear the case. Some of the coverage of
First Amendment law and the history of press censorship may be a
bit rapid for some non-legal specialists, but, in general, the
discussion of constitutional precedents like NEAR V. MINNESOTA is
well-integrated into the saga of the litigation. Cortner explains
lucidly how the newspaper counsel sought to avoid state courts
(many of whose judges were Long-controlled), and how the
ignorance of the counsel for the state of Louisiana helped doom
the state's case in federal court. Cortner makes clear that the
case that would be styled AMERICAN PRESS CO. V. GROSJEAN in the
district court was of major importance to national press
interests.
Following the three-judge district court's invalidation of the
advertising tax on the grounds of discrimination among newspapers
in Louisiana, the punitive nature and general illegitimacy of the
tax seemed apparent. But GROSJEAN did not truly establish press
freedom until its appeal to and decision by the U.S. Supreme
Court. Cortner traces the increasingly corrupt labyrinth of
Long-led political maneuverings that were the backdrop to the
GROSJEAN appeal. The Kingfish did not live to learn the fate of
his attempted-censorship of the Louisiana dailies; Long was shot
by an assassin on the steps of the Louisiana house chamber in
September of 1935, and oral arguments in the advertising tax case
were heard by the Supreme Court in January of 1936. In a familiar
but well-executed review of the politics of the Court during the
mid-1930s, Cortner shows how the justices used GROSJEAN to
broaden the constitutional guarantee of press freedom beyond the
prohibition of prior restraint. Yet as Cortner points out, in a
final twist of fate, the decision was announced on the day that
Mrs. Rose McConnell Long appeared in the U.S. Senate to be sworn
in to serve out her late husband's term.
Cortner's book is an exceptional work of archival scholarship,
showing careful attention to detail. As he tells us in his
bibliographic essay, he read every issue of Long's mouthpiece,
the PROGRESS, from its beginning in 1930 until it ceased
publication. Not only does he fully capture the flavor of
Louisiana politics of the time, he creatively links the forces of
state politics with the developments of constitutional law. Few
scholars observe this interaction carefully -- an interaction so
vital to this period of the incorporation of the Bill of Rights
against the states. Cortner has made an important contribution to
the writing of political history and shown constitutional law
scholars the relevance of such work.
Copyright 1996