277. Memorandum From the Legal Adviser (Becker) to the Secretary of State1
SUBJECT
- China Passport Policy
Following your meeting with the press,2 each news gathering organization maintaining at least one full-time American correspondent overseas was asked whether it wished to send a full-time American correspondent to the China mainland, to be stationed there on a [Page 582] resident basis for six months or longer. Twenty-four of these organizations answered in the affirmative. An additional eleven desired to send representatives on a more temporary basis. Three such organizations desire to send a photographer in addition to a correspondent, although correspondents stationed in Moscow have managed to secure such technical services locally. Six negative replies were received.
There is every likelihood that the twenty-four full-time resident American correspondents will be able, adequately, to satisfy the demand for on-the-spot reporting from Communist China and the number is not unreasonably in excess of the fifteen you were prepared to clear at an earlier date. In view of the experience in Moscow, we would not agree that photographers or other technicians are required.
Over forty Americans who attended the Youth Conference in Moscow are now on their way to Communist China, most of them by train. We understand that a number of these “Youth” representatives have contracted to file stories or pictures in connection with their journey, which, as you know, was undertaken despite the letter addressed to them by the Acting Secretary.3 If we are to relax our passport policy with respect to correspondents, it would be grossly unfair to have the news organizations which, on the whole, have respected our policy, scooped by these amateur reporters.
Accordingly, it is recommended that the attached draft press release4 be issued and that the organizations shown on the attached list be informed by the fastest possible means.
While I am not opposing this relaxation of our China passport policy, I feel that it must be done in full recognition of the fact that it will become increasingly difficult if not impossible, to continue a restrictive policy on travel by United States citizens to Communist China, regardless of profession or purpose. As you well know, the [Page 583] law does not distinguish between the rights under the First Amendment of the working press and those of other American citizens. Even if it be recognized that a limitation in numbers is legitimate, it is doubtful whether the press has the legal right to preempt all of the slots.
- Source: Department of State, Central Files, 911.6293/8–1557. Official Use Only. Assistant Secretaries Robertson and Berding concurred with this memorandum.↩
- See Document 273.↩
- Telegram 144 to Moscow, August 12, conveyed the text of a letter from the Acting Secretary to be distributed to those Americans attending the Youth Conference who were considering an invitation to visit the People’s Republic of China. The letter outlined the reasons why the Department felt that “it is not consistent with the policy of the United States, as approved by the President, that citizens of the United States travel to the areas of China under Communist control”. The letter warned that if passport restrictions on travel to China were ignored, “at the first possible opportunity your passport will be marked valid only for travel for direct return to the United States and your passport will be taken up when you do so return”. The letter also warned that “travel to and in Communist China at this time may well involve violation of the regulations issued and enforced under the Trading with the Enemy Act, which constitutes a criminal offense under our law”. (Department of State, Central Files, 800.46/8–1257) Despite the warning, the Embassy in Moscow reported in telegram 319 on August 14 that 45 Americans had departed from Moscow for China that day. (Ibid., 800.46/8–1457)↩
- Not found attached. See Document 279.↩