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CONTENTS

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Witnesses:

1. Collis, Joseph F., president, American Newspaper Guild.
2. Ennis, Edward ')., general counsel, American Civil Liberties

Union.
3. Lasky, Victor, chairman, freedom of the press committee, Overseas

Press Club 4. Patterson, William D., associate publisher, the Saturday Review.. 5. Wiggins, J. R., executive editor, the Washington Post and Times

Herald, representing the American Society of Newspaper

Editors.. 6. Worthy, William, foreign correspondent, Baltimore Afro-American. Statements:

1. Brown, Robert U., president and editor of Editor & Publisher---2. Koop, Ted, president, Radio Television News Directors Associa

tion.Exhibits:

S. 3369, introduced by Senator Morse, 82d Congress, 2d session, to

authorize an appeal to the Subversive Activities Control Board by

any person who has been denied a passport.-
Editorial, by Edward W. Barrett, Diplomacy, Press and China, the

Saturday Review, March 9, 1957.
Series of editorials from Editor & Publisher, submitted by Mr. Brown..
State Department press release, March 5, 1957, containing remarks of

Secretary of State Dulles concerning travel in Red China.--
Transcript of Department of State news conference concerning news-

men in Red China, October 7, 1949.. Letters:

Hill, Robert C., Assistant Secretary, Department of State, concerning

Richard Fecteau..
Koop, Ted, president, Radio Television News Directors Association..
Li Teh-Chuan, president, National Red Cross Society of China, con-

cerning Richard Fecteau..
Osborn, David L., Acting Deputy Director for Chinese Affairs, De-

partment of State.. Reardon, T. J., concerning Richard Fecteau..

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THE RIGHT TO TRAVEL

FRIDAY, MARCH 29, 1957

UNITED STATES SENATE,
SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10:15 o'clock a. m., in room 457, Senate Office Building, Senator Joseph C. O'Mahoney presiding.

Present: Senators O'Mahoney and Ervin.

Also present: Charles H. Šlayman, Jr., chief counsel and staff director, Subcommittee on Constitutional Rights; and Robert Young, professional staff member, Committee on the Judiciary:

Senator O’MAHONEY. Let it be stated for the record that I am presiding at the request of the chairman who is necessarily absent this morning

Mr. Slayman, will you state for the record what the problem is before us? Mr. SLAYMAN. Thank you, Senator.

The Constitutional Rights Subcommittee has been concerned for some time about the related subjects of freedom of information, the secrecy in Government, and the right of the people in the Congress to know. Much of this concern centers on charges that certain Government agencies have improperly classified information or have unreasonably withheld nonsecurity data from the public, the press, Members of Congress, and congressional committees.

This subcommittee will examine these complaints in public hearings in the near future and at the same time give the agencies involved full opportunity to explain their practices.

In the course of our studies, our attention has been called to an alleged interference by the State Department with free access to information abroad. It is contended that State Department decisions and regulations in connection with the issuance and validation of American passports have seriously restricted the travel of American newsmen in foreign countries. Thus, the American public has been denied news reported by American journalists from these far-off places.

The only other sources that remain are correspondents from other countries and the recognizably unreliable statements issued by the propaganda bureaus of countries behind the Iron or Bamboo curtain.

Today, we will hear editors, publishers, reporters, and lawyers discuss these complaints.

Next week, Thursday morning, April 4, we will give the State Department a full opportunity to tell us about their passport policies and procedures.

1

Senator O'MAHONEY. I think that the climate around this chair, which was established by the Senator from North Carolina, is still here because I am reminded by this opening statement of the fact that this issue is not at all a new issue. It has existed in the newspaper business all over the country.

I had my own experience with it when I was city editor of the Cheyenne State-Leader in 1916. There was a Republican sheriff and a Republican deputy sheriff. They both felt that the news which broke under the jurisdiction of the sheriff was their private property to give to the Republican newspaper. I was working for a Democratic newspaper.

I went into the sheriff's office one day. I knew that there was a good story brewing, but the deputy sheriff would give me no information on it. I had to have a story of some kind or another so I changed the subject and made it a story about the forthcoming primary in which I speculated as to the result of the primary.

My speculation was that this deputy who had refused to give me information about a public matter which belonged to the press stood a very poor chance of election. The next day he opened the files to me very, very graciously and I had no further trouble getting all the public news thereafter.

I may say that my prediction with respect to the outcome of the Republican primary for sheriff, in Cheyenne, in 1916 was correct.

The deputy did not win the nomination.

Senator Ervin. May I add at that point that the prophet in that case has honor both in his own country as well as abroad.

Who is the first witness?

Mr. SLAYMAN. Mr. Worthy has asked that Mr. Ennis, a lawyer, testify first.

Mr. Edward J. Ennis is general counsel of the American Civil Liberties Union. He will be the first witness.

Senator O’MAHONEY. Mr. Ennis, will you come forward? STATEMENT OF EDWARD J. ENNIS, GENERAL COUNSEL, AMERICAN

CIVIL LIBERTIES UNION Mr. Ennis. With your permission, Senator, Mr. Irving Ferman who is our Washington representative of the Civil Liberties Union will sit with me in case there are any questions which I may not be able to answer. We want to give you the fullest information possible.

Senator O’MAHONEY. Thank you very much. You may both be seated. I shall direct my questions to you.

Mr. ENNIS. I will be glad to answer them, Senator, if I can.

In view of the fact that I am the first witness and you have many witnesses to hear this morning, I shall not only be brief but shall attempt to sketch in the scope of the problem.

Senator O'MAHONEY. Will you first identify yourself a little more extensively than your statement does?

Mr. Ennis. My name is Edward J. Ennis; I am a private attorney in New York City and also general counsel of the American Civil Liberties Union.

Senator O'MAHONEY. How long have you been practicing law?

Mr. ENNIS. I have been in the private practice of law since 1946. From 1932 until 1946 I was an attorney in the United States Department of Justice in many positions, including the Office of the Solicitor General of the United States and General Counsel of the Immigration and Naturalization Service, and during the war I was the Director of the Alien Enemy Control Unit of the Department of Justice, in charge of the internment of alien enemies and in that position I have some acquaintance with the security problems of our Government and its regulations.

Senator O’MAHONEY. From what law school were you graduated ?

Mr. Ennis. I am a graduate of the Columbia University Law School in New York City, Senator O'Mahoney.

Senator O’MAHONEY. A very good school.

Mr. Ennis. The American Civil Liberties Union is a nationwide private organization devoted to the defense of all of the civil liberties of all of the people, and for many years we have been in contact, and I may say entirely cordial contact, with the officials of the Department of State, including a succession of Secretaries of State, and the two heads of the Passport Office on these problems of having sufficiently definite substantive standards upon which passports should be denied. Senator O’MAHONEY. May I interrupt you, Mr. Ennis? (Discussion off the record.) Mr. Ennis. The second problem, in addition to satisfactory substantive standards upon which passports should be denied, which the Union has for many years discussed with the Passport Office and the Secretary of State in conferences and written communications, is the problem of a sufficient procedure, a sufficient hearing procedure, at which the facts should be determined upon which passports should be denied.

Now, the attitude of the Department of State historically has been that the issuance of passports is an entirely executive function, to some extent involved in the pursuit of the foreign relations of the United States, and as such the Passport Office knows best, and anyone who is denied a passport, that is the end of the matter.

Now, that kind of a situation rocked along until recent years for the simple reason that in the hundreds of thousands of passport applications that are made every year, I personally can attest, and certainly anyone who has traveled abroad can attest, that the Passport Office is most efficient and unfailingly courteous in quickly granting passports to 95 or perhaps 99 percent of us.

Senator O'MAHONEY. You say the situation rocked along. Did it roll along?

Mr. Ennis. No; just rocked along. Senator O’MAHONEY. What about the statute ? Mr. Ennis. The statute merely gave the Secretary of State the power to issue passports. Senator O'MAHONEY. When was the first statute enacted ? Mr. Ennis. One of the early statutes—I have it here, Your HonorSenator Senator O'MAHONEY. I haven't attained that dignity yet. Mr. Exnis. As a lawyer, I am inclined to call anyone who is presiding Your Honor. Senator OʻMAHONEY. Wasn't the first statute enacted in 1856? Mr. ENNIS. In 1856, and reformulated in 1926.

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