THE OTHER COUNTRIES FIRST HAND. THE FOREIGN AGENTS REGISTRATION ACT, 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 INTERNATIONAL COLLEAGUES. IMPORTANT RESEARCH WITH H.R. 1767, WHICH H.R. 1280, SPONSORED BY OUR COLLEAGUE BARNEY FRANK, WOULD ELIMINATE THE IDEOLOGICAL EXCLUSIONS IN THE MC CARRAN-WALTER ACT. IT WAS RECENTLY REPORTED BY THE JUDICIARY COMMITTEE'S SUBCOMMITTEE ON IMMIGRATION, REFUGEES AND INTERNATIONAL LAW. SEEKS ΤΟ 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 CO-SPONSOR AND STRONG SUPPORTER OF BOTH OF THESE IMPORTANT BILLS. WHILE THIS SUBCOMMITTEE DOES NOT HAVE LEGISLATIVE JURISDICTION OVER THE LAWS AT ISSUE HERE, OUR HEARINGS TODAY AND TOMORROW ARE PART OF AN HISTORICAL CONTINUUM. QUESTIONS OF CIVIL LIBERTIES AND OF THE FIRST AMENDMENT SPECIFICALLY --HAVE LONG GENERALLY - RESIDED IN THIS SUBCOMMITTEE AND IT IS THE FIRST AMENDMENT THAT JOINS ALL OF THESE LEGISLATIVE INITIATIVES. IT IS MY HOPE THAT IN PREPARING FOR THESE HEARINGS, WE HAVE WORKED CLOSELY WITH THE BILLS' SPONSORS LEGISLATIVE JURISDICTION. WE WILL OF COURSE MAKE AVAILABLE TO THOSE COMMITTEES WHATEVER TESTIMONY IS RELEVANT ΤΟ 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 CAUSE GREAT AND IMMINENT HARM TO OUR DEMOCRACY AND BUT THERE IS Α FUNDAMENTAL OUR CITIZENS. 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 DEMOCRATIC EXPERIMENT. SOVIET UNION. AMERICA IS AN IMMEASURABLY MORE OPEN SOCIETY THAN IS THE BUT TODAY THE EYES OF THE WORLD ARE ON THAT COUNTRY'S STRUGGLE то OPEN ITS SOCIETY, AND то 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 WE WILL NOT HEAR FROM THE NEW ADMINISTRATION DURING THESE HEARINGS. OUR DOOR REMAINS OPEN, HOWEVER, IF THE ADMINISTRATION WISHES TO TESTIFY, AND IN THE HOPE THAT IT WILL AGREE THAT THE TIME HAS COME TO REVIEW AND RECONSIDER THESE LAWS, IN LIGHT OF OUR COMMITMENT то HELSINKI AND то THE 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 Mr. KASTENMEIER. Unless members have any opening statements Mr. BERMAN. Mr. Chairman. Mr. KASTENMEIER. The gentleman from California. Mr. BERMAN. First, I want to thank you very much for scheduling these hearings, covering what I think are a series of very important issues. I've introduced H.R. 1767, the free trade in ideas bill, which would allow American citizens to export educational materials free of executive branch interference as well as to permit Americans to travel freely. I am pleased to note, and appreciative, Mr. Chairman, that you are a cosponsor of this legislation. I've for a long time felt that the right to travel is a civil liberty which outweighs any U.S. interest in preventing visits to countries which are under economic embargo. Currently, under the present law, the President has the power to block travel to such nations by imposing currency restrictions on U.S. citizens. The bill that I have would remove that authority. This legislation would recognize that there are certain dangerous, strife-torn parts of the world where the Government does have a legitimate reason to restrict travel. We've already seen how hostage-taking can pervert our foreign policy. In those limited instances, for example, Lebanon today, my legislation would grant the President the power to impose currency restrictions to prevent travel. We've already begun to see the demise of some statutes that wrongly restrict the access of U.S. citizens to information. Last year's trade bill included a part of the free trade in ideas legislation that I carried during the 100th Congress. This provision now prevents the executive branch from interfering with the import or export of publications, films, posters, and other informational materials. While it was a welcome step, as we will hear from many of the witnesses you scheduled for these hearings, much more needs to be done. That's why I've reintroduced the free trade in ideas bill, and that's also why, I suspect, Congressman Frank has introduced his commendable legislation to reform the McCarran-Walter Act. I thank you again, Mr. Chairman, for your involvement with these issues and for setting these hearings. I think there are very important issues involved in the panels that will be coming before us in the next 2 days. Mr. KASTENMEIER. Thank you. [The prepared statement of Mr. Berman follows:] OPENING STATEMENT OF REP. HOWARD L. BERMAN SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, MAY 3, 1989 Mr. Chairman, I want to thank you for scheduling these hearings on such an important set of issues. The right of Americans to travel freely is extremely important to me, and that is why I have introduced H.R. 1767 - the Free Trade in Ideas Bill. My legislation would also allow American citizens to export educational materials free of executive branch interference that is politically or ideologically motivated. I am pleased to note, and deeply appreciative, Mr. Chairman, that you are a cosponsor of this legislation. I firmly believe that the right to travel is a civil liberty which outweighs any U.S. interest in preventing visits to countries which are under economic embargo. Currently, the President has the power to block travel to such nations by imposing currency restrictions on U.S. citizens. My legislation would remove that authority. However, there are certain dangerous, strife-torn parts of the world where I believe the government does have legitimate reason to restrict travel. We have already seen how hostagetaking can pervert our foreign policy. In those limited grant the President the power to impose currency restrictions to But, Mr. Chairman, travel bans do not serve United States interests in the context of economic embargoes. For example, those few Americans who are permitted to travel to Cuba often return with serious concerns about human rights violations. Indeed, there is no telling what impressions will be formed when Americans are allowed to exercise their right to inform themselves of what's going on in the world. Mr. Chairman, we have already begun to see the demise of some statutes that wrongly restrict the access of U.S. citizens to information. Last year's Trade Bill included a part of the Free Trade in Ideas legislation that I carried during the 100th Congress. This provision now prevents the executive branch from interfering with the import or export of publications, films, posters, and other informational materials. This was a welcome step, but as we will hear from the many witnesses who will appear before us, much more needs to be done. That is why I introduced the Free Trade in Ideas Bill, and that is why, I suspect, Congressman Frank introduced his commendable legislation to reform the McCarren-Walter Act. I thank you again for your involvement with these issues, Mr. Chairman, and I hope that a majority of our colleagues on Capitol Hill will support these measures. |