Freedom from the Press

In Pasadena last spring, a bevy of music-lovers went to the railroad station to greet Maestro Arturo Toscanini. Bulky Photographer Howard Ballew was on hand to cover the arrival for Hearst's Los Angeles Herald & Express. Said Wilfred L. Davis of the Southern California Symphony Association, eyeing Ballew's camera: "Are you going to photograph Mr. Toscanini?"

Ballew retorted, with the politeness of his trade: "None of your business."

"But you can't use flash bulbs on Toscanini--they hurt his eyes," Davis protested. "He'll go right back to New York and we won't have a symphony." More words passed. Music-Lover Davis grabbed Photographer Ballew's flash bulbs, tackled him, smashed his camera. Someone put in a police riot call, and in the excitement Toscanini came & went, unphotographed.

Ballew sued Davis for $25,000. Last week a Los Angeles judge held that it was not freedom of the press, but Toscanini's freedom from the press that was at stake. Suit dismissed.

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