UNITED STATES OF AMERICA ЈК .A45 1956 pt. I CONTENTS Cross, Harold L., freedom of information counsel for American 9, 36, 42, 45, 63 Easterly, Guy, publisher, La Follette (Tenn.) Press.. Koop, Theodore F., director, Washington News and Public Affairs, Columbia Broadcasting Service- Mollenhoff, Clark, Washington Bureau, Des Moines Register and 28, 61 32, 53, 65. 29, 44 Newton, V. M., Jr., managing editor, Tampa (Fla.) Morning Tribune 13, 40, 57 tin.. 16, 42 Wiggins, J. R., executive editor, Washington Post and Times Herald 7, 48, 66 Letters, statements, etc., submitted for the record by— Cross, Harold L., freedom of information counsel for American Society Excerpt from Administrative Procedures Act.. Excerpt from opinion of the United States Supreme Court__ Excerpt from transportation section of the Interstate Commerce Dawson, Hon. William L., a Representative in Congress from the State of Illinois and chairman, Government Operations Committee: Excerpt from statement entitled, "The Power of Congress and of the President Over the Control of Government Information". Easterly, Guy, publisher, La Follette (Tenn.) Press: Excerpt from Koop, Theodore F., director, Washington News and Public Affairs, Columbia Broadcasting Service: Excerpt of letter from Robert Pierpont, Far Eastern chief of CBS News, to the Department of Defense.. Excerpt of letter on behalf of CBS News to the Department of State and the Department of Defense_-_ Moss, Hon. John E., a Representative in Congress from the State of California, and chairman, Special Subcommittee on Government Excerpt from Administrative Procedures Act. AVAILABILITY OF INFORMATION FROM FEDERAL DEPARTMENTS AND AGENCIES PART 1-Panel Discussion with Editors et al. MONDAY, NOVEMBER 7, 1955 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON GOVERNMENT INFORMATION, COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D. C. The subcommittee met at 10:30 a. m., Hon. John E. Moss (subcommittee chairman) presiding. Members present: John E. Moss (subcommittee chairman), William L. Dawson (chairman of the Government Operations Committee), Dante B. Fascell, and Clare E. Hoffman. Mr. Moss. First, I would like to welcome all the members of the panel who are with us this morning. This is not a hearing. It is an informal discussion to give the subcommittee members and the public an opportunity to learn the views of the specialists in the field of information and, particularly, their views on the free flow of information from the Federal executive agencies to the public. Let us be clear on this point: You are not here as witnesses. This is an on-the-record discussion so the people may sit in, so to speak, while we exchange ideas on a problem that is vital in a democracy. We shall discuss the general question of the availability of Government information from the viewpoint of the press, including radio and television, which are the main outlets for information in a democracy. Each of you has made a contribution to the movement toward greater freedom of information. There are many others who should be here, but we had to limit the number of participants. I can best explain the goal of the House Government Information Subcommittee by quoting from a letter sent to me on June 9, 1955, by the distinguished chairman of the House Committee on Government Operations, Congressman William L. Dawson, chartering our subcommittee. He pointed out the importance of an informed public, and stated: With this guiding purpose your subcommittee will ascertain the trend in the availability of Government information and will scrutinize the information practices of executive agencies and officials in the light of their propriety, fitness, and legality. You will seek practicable solutions for such shortcomings, and remedies for such derelictions, as you may find, and report your findings to the full committee with recommendations for action. I am inserting Congressman Dawson's letters establishing the subcommittee in the record. 1 (The letters referred to follow :) CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, COMMITTEE On Government OPERATIONS, Washington, D. C., June 9, 1955. Hon. JOHN E. Moss, House Office Building, Washington, D. C. DEAR COLLEAGUE: I am asking you to act as chairman of the Government Information Subcommittee of the House Government Operations Committee. Other members to serve on this special subcommittee are Congressmen Dante Fascell and Congressman Clare E. Hoffman. Charges have been made that Government agencies have denied or withheld pertinent and timely information from those who are entitled to receive it. These charges include the denial of such information to the newspapers, to radio, and television broadcasters, magazines, and other communication media, to trained and qualified research experts and to the Congress. In many cases there is no apparent excuse for agencies of the executive branch of Government either to withhold such information or to refuse to communicate it when requested. It has also been charged that pressures of various sorts have been applied by Government officials to restrict the flow of information and the exchange of opinion outside the Government. An informed public makes the difference between mob rule and democratic government. If the pertinent and necessary information on governmental activities is denied the public, the result is a weakening of the democratic process and the ultimate atrophy of our form of government. Accordingly, I am asking your subcommittee to make such an investigation as will verify or refute these charges. In making such investigation you are requested to study the operation of the agencies and officials in the executive branch of the Government at all levels with a view to determining the efficiency and economy of such operation in the field of information both intragovernmental and extra governmental. With this guiding purpose your subcommittee will ascertain the trend in the availability of Government information and will scrutinize the information practices of executive agencies and officials in the light of their propriety, fitness, and legality. I am sure that the report of your subcommittee will fully and frankly disclose any evidences of unjustifiable suppression of information or distortion or slanting of facts. You will seek practicable solutions for such shortcomings, and remedies for such derelictions, as you may find and report your findings to the full committee with recommendations for action. Chairman, Special Subcommittee on Government Information, 414 House Office Building, Washington, D. C. DEAR COLLEAGUE: It has been brought to my attention that my letter of June 9, 1955, authorizing and establishing your Subcommittee on Government Information, might be interpreted to confine your inquiries to agencies in the executive branch of the Government. Such is not, and never has been, my intention. Your authorization is premised on the duty of the Committee on Government Operations to study "the operation of Government activities at all levels with a view to determining its efficiency and economy." This duty to study "at all levels" obviously includes the so-called independent agencies. The mention in the letter of June 9 of "executive agencies" was intended to differentiate and exclude the Federal judiciary and the Congress from your study. It was never intended to exclude independent agencies from the |