Page McAuliff, John, director, United States-Indochina Reconciliation Project: Prepared statement with attachments...... 109 McMurtry, Larry, author, on behalf of PEN: Prepared statement. 45 26 Park, Robert L., Ph.D., director, Office of Public Affairs, American Physical 176 77 APPENDIXES Appendix 1.-H.R. 1280, Immigration Exclusion and Deportation Amend- Appendix 2.-H.R. 1767, Free Trade in Ideas Act of 1989. Appendix 6.-Brinkmann, Robert J., general counsel, National Newspaper 189 243 250 253 304 310 311 FREE TRADE IN IDEAS WEDNESDAY, MAY 3, 1989 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, INTELLECTUAL PROPERTY, AND THE ADMINISTRATION OF JUSTICE, COMMITTEE ON THE JUDICIARY, The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2237, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding. Present: Representatives Robert W. Kastenmeier, Howard L. Berman, Benjamin L. Cardin, William J. Hughes, Carlos J. Moorhead, Howard Coble, D. French Slaughter, Jr., and F. James Sensenbrenner, Jr.. Also present: Representative Barney Frank. Staff present: Virginia E. Sloan, assistant counsel; Judith W. Krivit and Stephanie A. Ward, clerks; and Joseph V. Wolfe, minority counsel. Mr. KASTENMEIER. The committee will come to order. The gentleman from North Carolina. Mr. ČOBLE. Mr. Chairman, I ask unanimous consent that the subcommittee permit the meeting to be covered in whole or in part by television broadcast, radio broadcast, and/or still photography, pursuant to rule 5 of the committee rules. Mr. KASTENMEIER. Without objection, the gentleman's request is agreed to. OPENING STATEMENT OF CHAIRMAN KASTENMEIER Mr. KASTENMEIER. Almost 40 years ago, when President Truman vetoed the McCarran-Walter Act, he said: "Seldom has a bill exhibited the distrust evidenced here of citizens and aliens alike." His words applied then and apply now, to the McCarran-Walter Act and to other laws that serve to close our door to ideas and information. The caption of these hearings is "Free Trade in Ideas.' Since this Nation's birth, we have welcomed many and diverse individuals and ideas to our shores. Sometimes, however, our laws threaten to close the door that was so tenaciously opened by the founders. As former President Reagan noted, "Expanding contacts across borders and permitting a free exchange or interchange of information and ideas increase confidence; sealing off one's people from the rest of the world reduces it." During these oversight hearings on the first amendment, we will consider a number of laws that tarnish America's image as a free (1) and open society and that threaten our preeminent competitive position in the world. The McCarran-Walter Act excludes Ñobel Prize winners, prime ministers, and private individuals alike from the United States unless they pass a political litmus test. We are the only Western democracy to exclude people on ideological grounds. The Trading with the Enemy Act, the Passport Act, and the International Emergency Economic Powers Act restrict travel by American citizens and prevent them from visiting and learning about other countries firsthand. The Foreign Agents Registration Act, the regulations implementing the Beirut Agreement on the dissemination of educational materials, the Export Administration Act, and the Arms Export Control Act all inhibit the free dissemination of information. They cause the censorship of films, instill in academics and scientists the fear of teaching foreign students, and deter the sharing of important research with international colleagues. H.R. 1280, sponsored by our Judiciary Committee colleague Barney Frank, would eliminate the ideological exclusions in the McCarran-Walter Act. It was recently reported by the Judiciary Committee's Subcommittee on Immigration, Refugees, and International Law. H.R. 1767, which seeks to ensure the right of international travel, has been introduced by our colleague Howard Berman, and has been referred to the Foreign Affairs Committee. I am pleased to be a cosponsor and supporter of both of these important bills. While this committee does not have legislative jurisdiction over the laws at issue here, our hearings today and tomorrow are part of a historical continuum. Questions of civil liberties generally, and of the first amendment specifically, have long resided in this subcommittee and it is the first amendment that joins all of these legislative initiatives. It is my hope that these hearings will provide a forum for the consideration of this overarching issue that would not otherwise be available if we considered these laws separately. In preparing for these hearings, we have worked closely with the bills' sponsors and with the committees that do have legislative jurisdiction. We will, of course, make available to those committees whatever testimony is relevant to their consideration of these issues. The courts are not the singular guardians of the Constitution. The Congress has a special responsibility as well. The issues we address here today are not partisan in nature. We all support our country's right to keep out terrorists, spies, and others whose activities would in fact cause great harm to our democracy and our citizens. But there is a fundamental constitutional distinction between belief and activity, between advocacy and incitement to action. We live in a world that transcends borders. The sharing of ideas and information across international boundaries is imperative if we are to retain our competitive advantage and if we are to continue our great American experiment. America is an immeasurably more open society than is the Soviet Union. But today the eyes of the world are on that country's struggle to open its society, and to allow the circulation of new ideas in a land where ideas were often considered dangerous. America must set a clear and continuing example to the many other countries struggling to open their hearts and minds. Our participation in the Helsinki Accords is evidence of our commitment to openness, but our laws must be consistent with that participation. I regret that during our hearings we will not be hearing from the new administration but it is my hope that in due course they will testify and agree that the time has come to review and reconsider some of these laws in the light of our commitment to Helsinki and to a free dissemination of ideas. As the Supreme Court has noted, "The first amendment presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection.” [The opening statement of Mr. Kastenmeier follows:] OPENING STATEMENT OF THE HONORABLE ROBERT W. KASTENMEIER HEARING ON FREE TRADE IN IDEAS MAY 3 & 4, 1989 ALMOST FORTY YEARS AGO, PRESIDENT TRUMAN VETOED THE MC CARRANWALTER ACT WITH THESE WORDS: "SELDOM HAS A BILL EXHIBITED THE DISTRUST EVIDENCED HERE OF CITIZENS AND ALIENS ALIKE." HIS WORDS APPLY NOW AS THEN, TO MC CARRAN-WALTER AND TO OTHER LAWS THAT SERVE TO CLOSE OUR DOOR TO IDEAS AND INFORMATION. SINCE THIS NATION'S BIRTH, WE HAVE WELCOMED MANY AND DIVERSE INDIVIDUALS AND IDEAS TO OUR SHORES. SOMETIMES, HOWEVER, OUR LAWS THREATEN TO CLOSE THE DOOR THAT WAS SO TENACIOUSLY OPENED BY THE FOUNDERS. AS FORMER PRESIDENT REAGAN NOTED, "EXPANDING CONTACTS ACROSS BORDERS AND PERMITTING A FREE EXCHANGE OR INTERCHANGE OF INFORMATION AND IDEAS INCREASE CONFIDENCE; SEALING OFF ONE'S PEOPLE FROM THE REST OF THE WORLD REDUCES IT." DURING THESE OVERSIGHT HEARINGS ON THE FIRST AMENDMENT, WE WILL CONSIDER A NUMBER OF LAWS THAT TARNISH AMERICA'S IMAGE AS A FREE AND OPEN SOCIETY AND THAT THREATEN OUR PREEMINENT COMPETITIVE POSITION IN THE WORLD. THE MC CARRAN-WALTER ACT EXCLUDES NOBEL PRIZE WINNERS, PRIME MINISTERS, AND PRIVATE INDIVIDUALS ALIKE FROM THE UNITED STATES UNLESS THEY PASS A POLITICAL LITMUS TEST. WE ARE WESTERN DEMOCRACY ΤΟ EXCLUDE PEOPLE ON IDEOLOGICAL THE ONLY GROUNDS. THE TRADING WITH THE ENEMY ACT, THE PASSPORT ACT, AND THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT RESTRICT TRAVEL BY AMERICAN CITIZENS AND PREVENT THEM FROM VISITING AND LEARNING ABOUT |