No Excuse

When the Department of Justice filed antitrust suit against Ohio's Lorain Journal (circ. 21,143) last year, Owners and Isadore Horvitz admitted there was a basis for the charges; had indeed canceled Journal contracts with advertisers who also patron a competing radio station. But they denied any wrongdoing. The Horvitz defense: freedom of the press gave them the right to reject any ads they pleased.

Last week Cleveland's Federal Judge Emerich B. Freed gave the defense short shrift. He could "not conceive" that freedom of the press was even involved in the case. The Horvitz brothers, he found, had made a "bold, relentless and predatory" attempt to establish a monopoly, had rejected advertising "solely ... to force these advertisers not to [use] an available mode of communication." Judge Freed found the Horvitz brothers, Business Manager D. P. Self, Editor Frank Maloy and the Journal guilty of a civil violation of the Sherman Act. In announcing that he would restrain the from rejecting advertising for such reasons, the judge added that this would in no way affect its "operations . . as an organ of opinion." The Jour planned to appeal the decision.

The Cleveland Press (circ. 293,690), Ohio's biggest daily newspaper, agreed with the court. Said the Press: "Freedom of the press is too important a bulwark of our way of life to be dragged in as an alibi for trying to get rid of a competitor . . . Freedom of the press, is ... not an excuse for selfish or arrogant behavior."

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