NCJ Number
118225
Journal
Missouri Law Review Volume: 53 Issue: 4 Dated: (Fall 1988) Pages: 795-806
Date Published
1988
Length
12 pages
Annotation
The Meese v. Keene case is analyzed in terms of the Foreign Agents Registration Act (FARA) provisions and the judicial development of the first amendment.
Abstract
FARA requires an "agent" disseminating propaganda on behalf of a "foreign principal" to file a registration statement with the U.S. Attorney General. Keene wanted to exhibit three Canadian films dealing with acid rain and nuclear holocaust but did not want to be labeled as a purveyor of political propaganda. He sought to enjoin the U.S. Attorney General from enforcing FARA provisions against him. The District Court for the Eastern District of California heard Keene's motion for a preliminary injunction and found that the words "political propaganda" had a slanted meaning that tended to denigrate material to which they applied. The District Court concluded that attaching the propaganda label to the films abridged Keene's first amendment rights in that it impinged on his ability to freely express his ideas and beliefs. The District Court granted Keene's subsequent motion for permanent injunctive relief. The U.S. Supreme Court, however, reversed the District Court, reasoning that the words "political propaganda" applied to slanted and misleading speech but that they also included a broader range of material that was accurate and deserving of respect. The article concludes the Supreme Court was incorrect in asserting that the legislative history of FARA does not establish a link between political propaganda and subversive activity. It is also contended that Keene's first amendment rights were abridged by FARA. 82 references.