811.917 Time/4

Memorandum by the Assistant to the Legal Adviser (Ward) to the Assistant Chief of the Division of Far Eastern Affairs (Hamilton)

It is assumed that the issue of March 18, 1935, of the magazine Time contains the most objectionable of the articles and broadcasts of which the Chinese Minister complains. On this assumption, this office is in general accord with the views expressed in your memorandum herewith.59 It expressly concurs in your opinion that the Department has no legal authority to prevent the publication of the articles under reference; that the statements contained in the issue of March 18, 1935, do not appear to be actionable; and that they do not appear to be of a character to warrant their exclusion from the mails of the United States.

[In a conversation with the First Secretary of the Chinese Legation on July 6, the Assistant Chief of the Division of Far Eastern Affairs explained the situation as set forth in the memoranda of June 6 and June 13, and requested Mr. Lao to inform the Chinese Minister (811.917 Time/5).

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On May 27, 1936, the Chinese Embassy stated in a memorandum that it would appreciate anything the Department could do to curb the tendency of certain American publications to circulate groundless statements slandering Chinese Government leaders. The Department replied on June 4, 1936, stating that the printing of reports of a nature to offend the feelings of a friendly people or government was a cause for regret, but again informing the Chinese Embassy that the Department had no legal authority to prevent such publications (811.917 Time/8).]

  1. Supra.