320/12–2352

The Deputy Attorney General of the United States ( Malone ) to the Deputy Legal Adviser of the Department of State ( Tate )

confidential

Dear Mr. Tate : Reference is had to your letter of November 24, 19521 concerning the Reverend Michael Scott whose temporary admission in transit to the United Nations Headquarters Site at New York was authorized under the Ninth Proviso to Section 3 of the Immigration Act of February 5, 1917, as amended, notwithstanding his inadmissibility as one who had been a member of the Communist Party. This authorization was given for the sole purpose of permitting him to participate in the present session of the General Assembly of the United Nations on the recommendation of the Secretary of State that Mr. Scott’s admission for that purpose would be in the national interest.

As you have pointed out, since Mr. Scott’s arrival here, several individuals and organizations have sought his services as a public speaker and have requested this Department to lift the restrictions placed on Mr. Scott’s admission which confine his activities to those within his official capacities with the United Nations. In each instance, it has been found necessary to deny these requests.

In accordance with your suggestion, I have reviewed our position with regard to these requests for Mr. Scott’s services as a speaker. In doing so I have had in mind, as you have suggested, that a ruling that Mr. Scott may not undertake the engagements offered him without violating the terms of his admission may meet with criticism from some sources and that to authorize these engagements subject to this [Page 234] Department passing on his speeches in advance would be equally controversial. Indeed, forceful criticism of the Department’s action might also result if these engagements were authorized under any circumstances.

After consideration of all the facts I have concluded that, in view of the nature of the ground which makes Mr. Scott an inadmissible alien, no change would be warranted in the position of the Department that Mr. Scott be required to adhere strictly to the terms of his admission which preclude any activities not within his official capacities with the United Nations.

You have also requested advice as to what the Department of State may say in reply to an inquiry received from the Right Reverend Horace W. B. Donegan, Bishop of New York, concerning an invitation extended to Mr. Scott to preach at services at the Cathedral of St. John the Divine. For your guidance in that respect, there is enclosed a copy of a letter from the Commissioner of Immigration and Naturalization to Mr. Roger Baldwin, Chairman of the Board of Directors of the International League for the Rights of Man, which responds to a request for authorization for Mr. Scott to speak at the Cathedral of St. John the Divine, as well as other places.

Sincerely,

Ross L. Malone, Jr.
  1. Not found in Department of State files.