BALTIMORE RADIO SHOW, INC. v. STATE

[Nos. 170-172, October Term, 1948]

193 Md. 300 (1949)

67 A.2d 497

BALTIMORE RADIO SHOW, INC. v. STATE BALTIMORE BROADCASTING CORPORATION v. STATE MARYLAND BROADCASTING CO. ET AL. v. STATE

Court of Appeals of Maryland.

Decided June 9, 1949.


Attorney(s) appearing for the Case

William L. Marbury, with whom were John W.T. Webb and Marbury, Miller & Evans on the brief, for the appellant, The Baltimore Radio Show, Inc.

J. Purdon Wright, with whom were W. Frank Every, William Bruce Oswald and Paul D.P. Spearman on the brief, for the appellant, The Baltimore Broadcasting Corporation.

Hilary W. Gans, with whom was Charles Markell, Jr., on the brief, for the appellants, The Maryland Broadcasting Co. and James P. Connolly.

Hall Hammond, Attorney General and Harrison L. Winter, Assistant Attorney General, with whom were J. Bernard Wells, State's Attorney for Baltimore City, Anselm Sodaro and J. Harold Grady, Assistant State's Attorneys, on the brief, for the appellee.

Briefs of amici curiae supporting appellants were filed by William L. Marbury for the American Society of Newspaper Editors; Elisha Hanson, Arthur B. Hanson and William K. Van Allen for the American Newspaper Publishers Association; Harry N. Baetjer, Venable, Baetjer & Howard, Edwin F.A. Morgan, Frederick W. Brune, and Semmes, Bowen & Semmes for the A.S. Abell Co.; and Don Petty for the National Association of Broadcasters.

Briefs of amici curiae supporting appellees were filed by James B. Maginnis, E. Paul Mason, Jr., and J. Nicholas Shriver, Jr., for the Junior Bar Association of Baltimore City; James Lawrence Fly, Joseph I. Paper, John H. Skeen, Jr., for the Maryland Civil Liberties Committee, Inc., and the American Civil Liberties Union, Inc.; and George Cochran Doub and Charles G. Page for the Bar Association of Baltimore City.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.


HENDERSON, J., delivered the opinion of the Court.

These three appeals are from separate orders on Jan. 28, 1949, of the Criminal Court of Baltimore City finding the appellants guilty of contempt, and imposing fines, for broadcasting over local radio stations certain news dispatches relating to Eugene H. James, at a time when he was in custody of the police on a charge of murder. We have been greatly assisted in the consideration of the case by the excellent arguments...

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