monday, november 23, 1980
daily nebraskan
page 3
Editor: Speech freedom
may die if not exercised
By Kim Hachiya
Freedom of speech granted by the First
Amendment of the U.S. Constitution is a
precious national treasure which may die
if it is not exercised, according to an editor
of a magazine which has its press freedom
stifled by the U.S. government in 1979.
Samuel Day, managing editor of The
Progressive Magazine spoke to a small
audience Friday afternoon at the UNL
College of Law on press freedom and his
magazine's fight to publish an article about
the nuclear weapons industry.
The article, written by Howard Mor
land. a former Air Force pilot with little
scientific training, dealt with the secrecy
involved in the manufacturing of hydrogen
bombs. All of the material used in the
article came from Morland's personal re
search at public libraries, use of industrial
brochures and plant tours and interviews
with plant personnel.
Copies of the article were sent by The
Progressive's editors to nuclear experts for
an accuracy check. The article was leaked
to the Department of Fncrgy without the
permission or knowledge of Tw Progres
sive editors.
The energy department informed the
magazine that the article contained classi
fied information and offered to rewrite the
article f or the magazine, but forbade the
magainze from printing the original story.
The Progressive refused this offer and a
lawsuit ensued with the magazine being
temporarily prohibited from publishing in
May 1979.
"1 am a legal freak," Day said. "You are
looking at one of three people in the 203
history of our republic who has been re
strained and enjoined from uttering and
publishing on the ground of national se
curity." The government argued that the article
represented a great and irrevocable harm
to the nation and the "secrets" divulged
would aid other countries or terrorists in
getting nuclear weapons.
Day said the government arguments
were wrong because it takes several billion
dollars simply to build the plants to manu
facture the parts for the weapons, regard
less of the ability to procure the nuclear
fuel.
"Our point is, if Israel or South Africa
wanted to build a hydrogen bomb, the last
place they'll look is The Progressive Maga
zine'" Day said. He pointed out that if
Morland and subsequent researchers could
gather the information from public sources
in a matter of weeks, other governments
and agencies could do the same thing.
Day said the magazine also argued that
the Atomic Fnergy Act. which prohibits
the release of any information pertaining
to nuclear weaponry, was in direct conflict
with the First Amendment which states,
"Congress shall make no law abridging the
freedom of the press."
Day said the government walked away
from the case after it saw that other report
ers were easily duplicating Morland's story.
He said the government also realized the
weakness of its case and that public senti
ment had turned against it.
The article was finally published in
November 1979.
Day said the fundamental lesson learned
from the case is that there are no secrets
in science or technology because ideas can
not be kept secret or supressed.
He added that Americans must work to
keep their First Amendment rights.
"The First Amendment is a very radical
principle. It is the heart of the American
revolution, allowing us to say any damn
thing we want," he said.
"Ours is the only society on earth with
out an official secrets act. The fact we re
main strong without one is a tribute to
Americans.
"Only if we speak and if we speak freely
will we be able to maintain that right. The
First Amendment is a living, breathing in
strument which remains strong only so far
as it is being used. It will die if it is not exercised."
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