_Sen. Stanley_: “Both. I maintain that it is not necessary to show that it is unconstitutional, because of its folly and its unwisdom. It is absolutely a violation of the spirit of the Constitution.” _Sen. Sterling_: “If you think race-track gambling is an evil, do you think that advice or suggestions in regard to wagers and bets should be prevented?” _Sen. Stanley_: “May I answer that question by asking another? Does the Chairman believe that the Federal government should pass a law prohibiting anything that is morally or industrially wrong?” _Sen. Sterling_: “Oh no, there are limitations of course upon the power of the Federal government to do those things.” _Sen. Stanley_: “Yes, ... I had begun to doubt it.” _Sen. Sterling_: “This prohibits the use of the mails for certain purposes.” _Sen. Stanley_: “Yes.” _Sen. Sterling_: “And we have passed laws relative to the use of the mails ... prohibiting certain written or printed matter....” _Sen. Stanley_: “And Mr. Chairman, that is the worst vice, the worst phase of this legislative itch with which the country is infected, for the Federal and sumptuary regulation of all the activities of the people, moral, intellectual and industrial. It is gaining. One bad law breeds a million.” _Sen. Borah_: “Well, Mr. Stanley, you do not have to make any argument to me that we have no power to establish a censorship.” _Sen. Stanley_: “This is as fine an instance, Mr. Chairman, as I know, of the abortive birth and progress of this character of half baked legislation. A bill, honest, and perhaps advised in the main, was introduced.... As it passed a Representative took a shot at it on the fly and inserted this section 5. The Postmaster General (Hays) in a letter to Chairman Nelson of this Committee very pertinently observed: ‘This particular section 5 makes it an offense for newspapers to publish racing news. I favor the bill, but am opposed to this section 5. I was not consulted about it, and I hope this section does not pass. The whole bill had better be defeated in my opinion, than to add this additional curtailment of the freedom of the press. There has been a very strong tendency of late in that direction, and I am sure it is essential that such tendency be checked. I am reminded of Voltaire’s statement, “I wholly disapprove what you say and will defend with my life your right to say it.”’” _Sen. Borah_: “It is not necessary to proceed any further then, is it?” _Sen. Stanley_: “Senator, I think there is more in this than this bill. I have no fear that this bill will pass. This is too much. Neither the minds nor the stomachs of the people are prepared to endure it. But I wish to emphasize its evils in order that this character of legislation may be discouraged, that this persistent and pernicious effort to control the freedom of the press may find an end somewhere at some time.”