European Stars And Stripes (Newspaper) - May 2, 1985, Darmstadt, Hesse                                Page 10 the stars and stripes May 1985 William Safire assault on tree speech endears judge to Reagan if you were a lawyer and wanted to become the next chief Justice of the United what cause would you pm or philosophy would you to ingratiate yourself with Ronald Rea Gan strict constructionist judicial restraint and respect for precedent that old time conservative stuff has lost its Appeal to an administration eager to use the courts to reverse decisions made in the last these the Way to a presidents heart is to espouse government secrecy and to March in the Vanguard of the consider the meteoric Rise to Conten Tion for the next High court vacancy of Antonin who has shown him self to be the worst enemy of free speech in America three years As a professor of Law at the University of he focused White House attention on himself in an interview with news about the free Dom of information that i can has done More to inhibit the abuse of government Power and to protect the citizen from unlawful snooping and arrogant harassment than any legislation in our professor Scalia denounced the Freedom of information acts Tunnel i Sion Zeal in eliminating what he called institutional in he placed the desire for government and corporate secrecy ahead of the individuals right to find out what such faceless institutions Are doing to soon and not solely because of Antonin Scalia was appointed a judge on the court of appeals in Wash one of the top jobs in the Federal in that he has endeared himself to the press Ashers in the executive Bunker with his dissent in the libel suit against the columnists Rowland Evans and Rob Ert in a 6to5 decision hinging on the separation of fact from the court held that an oped Page was the Well recognized Home of opinion and com and the supreme courts dictum that breathing space was essential to the exercise of free speech counselled strongly against straining to squeeze fac Tual Content from a single sentence in a column that is otherwise clearly judge Scalia calling one statement a classic and coolly crafted he said the expectation that one who enters the political Arena must be prepared to take a certain amount of Public bumping is already fulsom Ely assured by the new York times Sullivan requirement of actual malice in the defamation of Public the word fulsom Ely Means offensively or at the excessively judge Scalia has too Sharp an intellect and too precise a writing style to have lapsed into a misuse of the word to mean to his signal to Justice pickers is Clear on the supreme he would tear Down the fulsome free speech Protection in this the Darling of the secrecy Andi Ibel set surpassed All their Hopes by providing the swing vote in the most egregious assault on Freedom of speech in this country since the silencing judgment against William judge Scalia voted to reinstate a verdict thrown out by the trial who understood the supreme courts Sullivan ruling against the Washington Post by the for Mer president of Mobil the stunning rationale was this one Way to read the mind of a news paper in determining malice is to see if it favors hard hitting investigative docile publications that polish govern ments apples Are thus not suspect news papers doing their jobs have two strikes against the voice was the judges who wrote the 3to2 but the hand was the hand of Antonin in this every word is pure and nothing but opinion anything apparently factual herein to the contrary with that do i Here impugn a jurists Sug Gesting that he is throwing red meat to the Young Lions at Justice and in the White House in order to fatten his chances for advancement on the i suspect judge Scalia has persuaded himself that institutional privacy outweighs personal privacy and that reputation is a higher value than free that proves actual but we Are entering a summer of Smol Dering administration resentment at rising which Bunke rites think is magnified unfairly by the at such a when recommendations for the High court Are made to the president by de Meese with a covering memo from Pat the posture of being the fiercest opponent of the first amendment does not Hurt a judges new York times Syndicate am f0rkuu to Lith p6p5j i still Sar you should