811.917 Time/3
Memorandum by the Assistant Chief of the Division of Far Eastern Affairs (Hamilton)
The Chinese Minister called and stated that he had received instructions from his Government stating that the Chinese Government found objectionable the terms applied to Chinese Government leaders in the March 18, 1935, issue of the magazine Time; that other issues of this magazine contained similar statements derogatory to Chinese leaders; that the radio broadcasts entitled “The March of Time” also referred to the Chinese in objectionable terms; that the Chinese Government desired that these objectionable references to the Chinese cease; that the Chinese Government suggested that this end might be attained either by the American Government issuing instructions that such references should be discontinued or by a friendly approach to the editors of Time; that the Chinese Government understood that the American Congress was considering the enactment of libel legislation applicable to radio broadcasting and suggested therefore that such legislation might make it illegal to broadcast items of the nature [Page 818] which the Chinese Government found objectionable; and that if the magazine Time did not cease these objectionable references to Chinese, the Chinese Government would be forced to forbid the entry of this magazine into China.
The Chinese Minister stated that he had asked Dr. Willoughby57 to examine the article on China in the March 18 issue of Time and that Dr. Willoughby had stated, after examination, that he did not believe that the remarks in regard to Wang Ching-wei58 and other Chinese would be construed as libel under American statutes.
Mr. Hamilton stated that the Department had no legal authority to compel the magazine Time to refrain from publishing comments of the nature which the Chinese Government found objectionable, and that he doubted whether any informal approach by the Department to the editors of Time would be advisable, for the reason that the editors might take the stand that the Department was endeavoring to interfere with freedom of the press and might publicize the action of the Department and thereby attract greater attention to the comments made in regard to China.
Mr. Hamilton commented that, as the Minister knew, the American people and the American Government believed in freedom of speech and freedom of the press; that because of this belief American statutes relating to libel permitted considerable latitude to the American press and magazines in the publishing of comments; that, although he had not examined recently the article in the March 18 issue of Time which the Chinese Government found objectionable, it was his recollection that the statements in the article used no more uncomplimentary terms in regard to China and Chinese leaders than statements appearing in other articles of the same magazine and other magazines referring to Americans and American leaders and to various foreign peoples and their leaders; that while we personally regretted the use at any time by the American press and by American magazines of any terms which foreign governments found objectionable, there was very little, if anything, that the American Government could do in the matter; that, in view of Dr. Willoughby’s statement, it was doubted that the statements in the March 18 issue of Time constituted libel and that, even if they did, Mr. Hamilton seriously questioned the advisability, from point of view of the best interests of the Chinese Government, of the Chinese Government instituting legal measures against Time; that it seemed to Mr. Hamilton that the best way to handle the matter would [Page 819] be for the Chinese Government to take no action, for in Mr. Hamilton’s opinion, articles such as this made no particular impression upon the American people whereas the filing of a libel suit based on these comments would bring them forcibly to the attention of the American people; that at times it was possible under American statutes for the Postmaster General to bar from the American mail certain types of publications but that Mr. Hamilton frankly thought that comments made by Time were not such as to permit the Postmaster General to bar the magazine from the American mails. Mr. Hamilton added that in his personal opinion the Chinese Government would be ill-advised to bar the magazine Time from entry into China, as such action would probably result in there being created in the minds of many people who were otherwise very friendly disposed toward China the impression that the Chinese Government was disposed to suppress freedom of speech and freedom of the press.
Mr. Hamilton stated that, although he personally thought that the attitude of the Department would be along the lines indicated by him as his personal opinion, he would be glad to refer the matter to the Legal Adviser’s office for an expression of opinion.