47 

### C ensor ship of Transmission of
Trot z ky Speech F rom Mexico

The Federal Communications Commission does not have statutory authority to censor the telephone
transmission from Mexico into the United States of a speech by Leon Trot z ky.

February 8, 1937

M EMORANDUM O PINION FOR THE A TTORNEY G ENERAL

Reference is made to your request of this date that I investigate the possible statutes relative to the proposed speech to be made tomorrow nig ht in Mexico by

Leon Trot z ky and transmitted from that place to New York City by telephone. There do not seem to be any statutes applicable to the situation. Sections 137
and 155 of t itle 8, U.S. Code , relate to certain seditious utterances, but these

sect ions apply only to aliens. They provide for the exclusion of aliens known to entertain certain views on political questions and for the arrest and deportation of aliens who utter seditious statements after admission. They also provide for fine or imprisonm ent of such aliens if, after such arrest and deportation or after exclusion, they again attempt to enter the United States. The Federal Communications Act gives no authority to the Federal Commun ications Commission to censor telephone communications. Secti on 326 of that A ct, which relates to censorship of radio communications, is significant. That section
reads:

Nothing in this chapter shall be understood or construed to give the Commission the power of censorship over the radio communications or signals tr ansmitted by any radio station, and no regulation or co ndition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communic ation. No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio co mmunication.

47 U.S.C. § 326.
Section 33 of t itle 50, U.S. C ode , makes it unlawful wil l fully to cause or a ttempt to cause insubordination, disloyalty, mutiny, or refusal of duty in the

m ilitary or naval forces of the United States, or to obstruct the recruiting or enlistment service of the United States to the injury of the service of the United States, and section 34 of said t itle makes a conspiracy to violate the provisions of
section 3 3 unlawful; but these sections apply only when the United States is at

war.Supplemental Opinions of the Office of Legal Counsel in Volume 1

48 The nearest approach to the subject of any statute that I have been able to find
is that of section 4 of t itle 18, U.S. C ode , which provides:

Whoever incites , sets on foot, assists , or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years or fined not more than $10,000, or both

. . . .
( Emphasis supplied.) If this section is applicable, those who assist in the transmission and delivery of the speech in New York City would probably be guilty of violating it. I am of the opinion, however, that it is not applicable to the present situation, as it is not probabl e that the speech will incite to rebellion or insurrection. There would seem to be a field here in which the privilege of free speech may be abused, but apparently there is no present statute prohibiting such abuse. Until such time as Congress shall see fi t to enact legislation on the subject, it would seem that the only remedy available is through diplomatic relations with the country from which the abuse emanates.

GOLD EN W. BELL
Assistant Solicitor General