The Colonel's finest campaign: Robert R. McCormick and Near v. Minnesota.

(142.) Letter from McCormick to Chandler (Dec. 24, 1929). It is not clear why Kirkland thought the United States Supreme Court would hear a challenge to the statute on the ground that it violated the state constitution. The state supreme court would have been the ultimate authority on that point.

(143.) Id.

(144.) Letter from Kirkland to McCormick, supra note 141.

(145.) Telegram from McCormick to G.L. Burke (Dec. 26, 1929).

(146.) Id. (pencil annotation on the telegram).

(147.) Letter from Edward Butler ("Butler") to McCormick (Dec. 30, 1929).

(148.) Id.

(149.) Id.

(150.) Letter from William T. Dewart ("Dewart") to McCormick (Dec. 30, 1929). On March 7, 1930, Dewart would write McCormick to say he had read that the United States Supreme Court lacked jurisdiction to hear the case on state constitutional grounds. "I should assume from this that the fight might better be based on the Fourteenth Amendment. However, I am not a Constitutional lawyer."

(151.) Letter from Thomason to McCormick (Jan. 2, 1930).

(152.) Letter from Chandler to McCormick (Jan. 1, 1930).

(153.) Id.

(154.) Id.

(155.) Letters from McCormick to Dewart, Thomason and Chandler (Jan. 16, 1930). McCormick had some of these published in the Tribune. Under the heading "Editorial of the Day," he published editorials critical of the gag law from the New York Herald-Tribune, The Minnesota Gag Law, CHI. TRIB., Jan. 4, 1930, at 10, and the St. Louis Post-Dispatch, The Minnesota Injunction Law, CHI. TRIB., Jan. 27, 1930, at 12. Other clips in McCormick's file included two identical AP photos of himself, with the caption, "Col. Robert McCormick, publisher of the Chicago Tribune, as head of a committee of American newspaper publishers is leading a fight to nullify the Minnesota newspaper 'Gag' law," from the Everett (Wash.) Herald, Jan. 17, 1930, and the Pocatello (Id.) Tribune, Jan. 18, 1930. The trade journal, Editor & Publisher, The Fourth Estate, had also sent McCormick a "rough early proof" of an article for its Jan. 18, 1930, issue entitled Wig Take 'Gag' Law To Supreme Court/Col. McCormick, As A.N.P.A. Committee Head, Will Be Leader in Fight to Prove Illegality of Minnesota Law.

(156.) Letter from McCormick to Dewart, Thomason and Chandler, supra note 155.

(157.) Letter from McCormick to Butler, Jan. 18, 1930.

(158.) Letter from James Kerney ("Kerney") to McCormick (Jan. 21, 1930).

(159.) FRIENDLY, supra note 6, at 86-87.

(160.) Letter from McCormick to Kirkland (Jan. 23, 1930).

(161.) Letter from Kirkland to McCormick (Jan. 27, 1930).

(162.) Id.

(163.) FRIENDLY, supra note 6, at 86.

(164.) Letter from Kirkland to McCormick, supra note 150.

(165.) Arthur Evans, Press Gag Law Called Blow at Basic Liberties, CHI. TRIB., Feb. 4, 1930, at 5.

(166.) Typical was a Jan. 23, 1930, letter from M.V. Atwood, secretary of the New York State Society of Newspaper Editors, who wrote McCormick to express his organization's appreciation for

the brave and unselfish fight you are making of the freedom of the

press in the matter of the Minnesota gag law. Because of the

precedent it sets, this law is a menace to every newspaper in the

United States and the editors of New York are indeed grateful that

it is to be carded to the highest court by so fearless and

distinguished a protector of free speech and the freedom of the

press as yourself. Letter from M.V. Atwood to McCormick (Jan. 23,

1930).

(167.) Letter from Palmer to Thomason (Feb. 11, 1930).

(168.) Id.

(169.) Id.

(170.) Letter from Thomason to McCormick (Feb. 14, 1930).

(171.) Letter from McCormick to Burke (Feb. 17, 1930).

(172.) Telegram from McCormick to Thomason (Feb. 17, 1930).

(173.) Telegram from Thomason to McCormick (Feb. 17, 1930).

(174.) Letter from McCormick to Thomason (Feb. 18, 1930).

(175.) Id.

(176.) Letter from Thomason to McCormick (Feb. 1930) (date obscured).

(177.) Telegram from Palmer to McCormick (Feb. 20, 1930), with reply telegram from Kirkland to Palmer (Feb. 22, 1930).

(178.) Letter from Palmer to McCormick (Feb. 25, 1930).

(179.) Telegram from McCormick to Palmer (Feb. 28, 1930).

(180.) Letter from McCormick to M.V. Atwood (Mar. 10, 1930), supra note 155.

(181.) The Minnesota Gag Law, CHI. TRIB., Mar. 11, 1930, at 14.

(182.) Telegrams from McCormick to Palmer (Mar. 14, 1930); Palmer to McCormick (Mar. 15, 1930); McCormick to Palmer (Mar. 15, 1930). Letters from Palmer to McCormick (Mar. 17, 1930); McCormick to Palmer (Mar. 19, 1930).

(183.) Letter from Palmer to McCormick (Mar. 17, 1930).

(184.) Letter from Palmer to McCormick (Mar. 18, 1930).

(185.) Letter from McCormick to Palmer (Mar. 20, 1930).

(186.) Letter from McCormick to Palmer (Mar. 21, 1930).

(187.) Letter from Palmer to McCormick (Apr. 2, 1930).

(188.) Letter from Palmer to McCormick (Mar. 20, 1930).

(189.) Letter from McCormick to Palmer (Mar. 22, 1930).

(190.) Letter from Palmer to McCormick (Mar. 22, 1930).

(191.) Letter from McCormick to Palmer (Mar. 24, 1930).

(192.) Letter from Palmer to Burke (Apr. 11, 1930) (including draft Report of Committee on the Freedom of the Press).

(193.) Id. (quoting Report of Committee on the Freedom of the Press).

(194.) Seltzer v. State ex Read, 1930 Ohio Misc. LEXIS 1116 (Ohio App. 8th Dist. March 6, 1930). For a description of the original contempt order, see Press v. Bench, TIME, Jul. 19, 1929.

(195.) 1930 Ohio Misc. LEXIS 1116.

(196.) Id. at 20.

(197.) Id. at 24.

(198.) See Letter from Palmer to Burke, supra note 192.

(199.) Letters from McCormick to Dewart, Kerney, Thomason, and Chandler (Apr. 14, 1930).

(200.) Letter from Kerney to McCormick (Apr. 16, 1930).

(201.) Id.

(202.) Id.

(203.) Letter from Dewart to McCormick (Apr. 16, 1930).

(204.) Telegram from Ellis to McCormick (Apr. 18, 1930).

(205.) Letter from Chandler to McCormick (Mar. 20, 1930).

(206.) Letter from Chandler to McCormick (May 21, 1930) (quoting a letter from Palmer to Chandler without noting its date).

(207.) Letter from Chandler to McCormick (May 21, 1930).

(208.) Letter from McCormick to Kirkland (May 16, 1930). Kirkland noted the Tribune had already paid $3,615.42 in the appellate process and incurred another $949.21 still unpaid. He estimated the cost of printing the record and briefs at $2,500. Id.

(209.) Letter from Kirkland to McCormick (June 20, 1930).

(210.) Letter from McCormick to Chandler (June 25, 1930).

(211.) SMITH, supra note 6, at 282.

(212.) Letter from McCormick to Kirkland (May 12, 1930).

(213.) Letter from McCormick to Kirkland (May 26, 1930).

(214.) Robert R. McCormick, Comments on the Minnesota Brief, May 27, 1930.

(215.) Letter from McCormick to Kirkland (May 28, 1930).

(216.) Letter from Kirkland to McCormick (May 29, 1930).

(217.) Letter from McCormick to Kirkland (June 5, 1930 and June 11, 1930).

(218.) "Give me but the liberty of the press and I will give to the minister a venal House of Peers. I will give him a corrupt and servile House of Commons. I will give him the full swing of the patronage of office. I will give him the whole host of ministerial influence. I will give him all the power that place can confer upon him to purchase up submission and overawe resistance: and yet, armed with the liberty of the press, I will go forth to meet him undismayed. I will attack the mighty fabric of that mightier engine. I will shake down from its height corruption and bury it beneath the ruins of the abuses it was meant to shelter." Id.

(219.) See, e.g., SMITH, supra note 6, at 291-299; LLOYD WENDT, CHICAGO TRIBUNE: THE RISE OF A GREAT NEWSPAPER 529-538 (1979); JOSEPH GIES, THE COLONEL OF CHICAGO 86-100 (1979).

(220.) By this time, McCormick had been asked to chair the freedom of the press committees for ASNE as well as ANPA, finally receiving ANPA Board permission to do both in October 1930. Letter from McCormick to Chandler (May 22, 1930): Letter from Palmer to McCormick (June 5, 1930): Letter from McCormick to Chandler (June 10, 1930): Letter from Palmer to McCormick (Oct. 15, 1930).

(221.) Grosjean v. American Press Co., 297 U.S. 233 (1936).

(222.) Letter from Philip Schuyler ("Schuyler") to McCormick (June 21, 1930).

(223.) Letter from McCormick to Schuyler (June 25, 1930).

(224.) Minnesota Starts Movement to Repeal Newspaper Gag Law, CHI. TRIB., Oct. 11, 1930, at 7.

(225.) Gov. F.B. Olson Asks Repeal of News 'Gag Law,' CHI. TRIB., Jan. 9, 1931, at 5.

(226.) Editorial, The Minnesota Gag Law, Chi. Trib., Jan. 14, 1931, at 14.

(227.) Editorial of the Day, Minnesota Has a Governor [St. Louis Post-Dispatch], CHI. TRIB., Jan. 15, 1931, at 14.

(228.) Bill to Repeal Minnesota Gag Law is Offered, CHI. TRIB., Jan. 16, 1931, at 26.

(229.) Minnesota "Gag" Law Repeal is Voted in House, CHI. TRIB., Feb. 5, 1931, at 6; Committee May Kill Minnesota Gag Law Repeal, CHI. TRIB., Feb. 22, 1931, at 9.

(230.) See Editorial of the Day, Press "Gag" Law Doomed [Niagara Falls Gazette], CHI. TRIB., Jan. 24, 1931, at 10.

(231.) Severer Libel Law Considered for Minnesota, CHI. TRIB., Feb. 7, 1931, at 14.

(232.) See Committee May Kill Minnesota Gag Law Repeal, supra note 229, at 9.

(233.) Bill to Repeal 'Gag' Law Will Await Decision, CHI. TRIB., Feb. 27, 1931, at 12.