European Stars And Stripes (Newspaper) - September 1, 1987, Darmstadt, Hesse                                Paga 10 the stars and stripes tuesday september 1, 19b7 columns Anthony Lewis Bork takes Broad View with press Protection As Law professor and judge Robert h. Bork a criticized judges who in his View read the Guaran tees of the Constitution too expansively. On those grounds he has denounced constitutional decisions going Back 60 years. But in at least one area Bork has taken a Broad View. That is Protection of the press from chilling libel suits. He wrote in 1984 what advocates of press Freedom consider one of tie great libel opinions of recent years. The Case was pro Ufilio by Bertyll oilman a political scientist specializing in marxist theory who had been attacked in a column by Rowland Evans and Robert Novak. The . Coun of appeals in Washington divided Over whether one pejorative statement in the column was an expression of opinion which cannot i. C Rise to a libel action or a factual charge. Bork did not rely on the fact opinion distinction. He joined the majority in rejecting professor Ollmann s suit but he went on broader grounds. Those who step into areas of Public dispute he wrote who choose the pleasures and distractions of controversy must be willing to Bear criticism disparagement and even wounding assessments. Perhaps it would be belter if disputation were con ducted in measured phrases and calibrated assess mints and with strict avoidance of the and to mince better that is if the opinion and editorial pages of the Public press were modelled on the federalist papers. Hut that is not the world in which we live Ever have lived or Are Ever Likely to know and the Law of the first amendment must nol try to make Public dispute Safe and comfortable for nil the participants. That would Only stifle the  noting the growing number of libel suits and the inflation of damage claims. Bork said the courts must act to prevent an intimidating effect on tree Dis Cussion. His solution was to give nearly absolute Protection to speech and writing in the Public  judges he said must Sec that cases involving that kind of expression do not Goto juries. The roots of that opinion can he traced As far Backas 1971 in bark s writings. In a speech at the univer sity of Michigan in 1979 he said our democracy would be meaningless unless citizens arc free to discuss and write about political men and  the Michigan speech also included some tart Bork comments on the press not a week goes by he said without Hun Dennis from the journalistic corps that their freedoms Are under assault. When the profi advances and loses some novel Legal claim in responds Wilh an outcry that would Lead the uninitiated to suppose it wits being systematically stripped of Conlu pics old  those comments seem fair enough to me. The american press is the freest on Earth but in Doe talk sometimes As if it saw doom at hand. I also agree with Bork most journalists would not that the press Iso lates and endangers itself when in seeks special priv in cacs such As immunity from subpoenas. There Are aspects of Berk s views on Freedom of the press that arc troubling. For example he has questioned supreme court decisions holding first that newspaper could not be compelled to run a candidate s reply to criticism and second thai a broadcaster who found a rape victim s name in Public court records could not be punished for publishing it. Those Deci Sions were unanimous. Bork has also indicated doubts Aboul the Pentagon papers Case the 1971 supreme court decision refusing  the publication of excerpts from a secret official history of the Vietnam War. It was the great Modem test of the Long established and fundamental principle that the first amendment Dis favors prior restraints on publication libel cases make headlines these Days and libel Law is so interesting that much is written about it. But a far greater threat to Freedom of the press and to democracy lies in the Federal government s insistent push to restrain and censor in he name of National Security. Many cases reflecting that tendency Are in the pipeline now. Outside the pros area Burk  consistently sup ported claims of presidential Power. The question is whether when a Percsi. No asserts the Power to silence Public debate Bork Wuu id Sec As he docs in libel cases  the functioning of our democracy is at slake. William Safire Why Reagan s words no longer carry weight Why is it when Ronald Reagan Speaks serious by and makes Good sense on the most vital matters his words no longer carry weight last week the president made the Best speech on relations with the soviet Union since his appearance at West Minster in 1982. He set Forth a worldview with intellectual coherence and a minimum of Schmaltz. Reagan dared to remind us of the euphoria of the great Powers in the meet ing at Yalta in 1w, and How Churchill Spears of Stalin s duplicity were realized after the agreements of that Summit the Yalta guarantees of Freedom and human rights in Eastern Europe became  to hear the president whose aides Are even now preparing for a Summit speak of the Hopes dashed by the rus sians after Yalta is reassuring. Reagan is promising not to follow the tailing Franklin Roosevelt s path. The president restated his purpose our commitment 10 Public Candor about the nature of totalitarian Rule an about the ultimate objective of United slates foreign policy peace yes but world Freedom As  emphasis on the Extension of Freedom is Catnip to conservatives and a bitter Apple Loac commode zionists. He acknowledged the interesting changes in the soviet Union but suggested we not go overboard on glasnost we must Deal with the soviet Union As it has been and Asil is not As we would Hope it to be Reagan indicated How deeds could speak louder thin words in april of 19h7, we asked thai a Dale be set this year for rapid and Complete withdrawal from Afghanistan in june hat the Sovi ets join us in alleviating the divisions of Berlin and begin with the dismantling of the Berlin Wall that the soviets move toward self determination in East Europe and rescind the Brezhnev Doc  he urged Russia to show some Glas nose in your military affairs by publish ing a valid budget of military expenditures that would reveal the size and composition of its armed forces As Wedo. Such authentic Steps toward open Ness go far beyond hands across the sea rhetoric or the political rehabilitation of the Ami stalinist Nikolai Bukharin. Soviet propagandists frown Al Rea Gan s Lone he is showing How far the russians have to go to make genuine changes in foreign policy and they Don twant anybody to be reminded of that least of All Eastern europeans. But that i what Reagan promised to do urging Russia to fulfil the promises made a Yalta but never acted  perhaps it is not Loo much to ask for initial Steps toward democratic Rule and free elections. And i Hope to address this Mailer More fully before the United nations general  this Reagan speech was piped to the conference of russians and american organized by John Wallach Al Chautauqua . In contrasted vividly with in oleaginous Welcome Given by new York gov. Mario m. Cuomo. In his first Ven Ture into foreign affairs Cuomo missed the Gravius train grasping at what hemp As a new eagerness to move toward demilitarization he seemed to be an gling for an invitation to Tea with Gorba Chev when the governor visits Moscow next month. Although the Cuomo new realism smacked of the old moral relativism the Reagan tone resonated undemocratic sen. Bill Brajica s sober speech later thai week. The president Speaks clearly on the Central Issue Why did his words have so Little Impact at Home  is Loo glib an answer he has Lime to act. Nor is the Public s disbelief at his Iran Contra protestations he main source of the president fast declining relevance because such shrug Ging disbelief has not turned to Active  reason for the weightlessness of his words to the Public is nil unwilling Ness to hold regular news conferences which is seen As a weakness in his Corn i Ament. Of he can read a speech but is his what he would say and lib under pressure he skulked out of town after the hearings nobody can Tell if this position is the president own or is merely a Tough sounding cover for nascent Nane Zijm the reason the arms reduction cognoscenti Are sceptical of the depth of his scepticism is this line inserted in his speech even on site inspection is not  his verification requirements Are rapidly eroding on the pretence of protecting our own missile site secrecy the Reagan administration is backing away from the Mutual on site inspection americans have sought for years. Gorba Chev called our verification Bluff and Reagan is folding his  s Why a solid speech vanished into Calif Ontra s miss