USIA’s Film Export Rules Declared Unconstitutional

Federal government rules prohibiting the tax-free export of documentary films that “espouse a cause” were declared unconstitutional today by a federal appeals court.

The U.S. Information Agency regulations, which also restrict overseas shipment of documentaries that seek to “influence opinion, conviction or policy,” violate freedom of expression by discriminating on the basis of content, said the U.S. 9th Circuit Court of Appeals.

“The USIA forces film makers to choose between exercising their right to free speech and foregoing benefits . . . or curtailing their speech and obtaining the benefits,” Judge Cecil F. Poole said in the 3-0 decision.

He also said the agency apparently was singling out for disapproval films that “criticize . . . the prevailing state of affairs.”

It was the second victory in less than a week for independent film makers challenging the USIA’s attempt to regulate the content of films that qualify for its certificate of “international educational character.” A certificate is needed to exempt an educational, scientific or cultural film from import duties when circulated abroad.

Added Constitutional Issue

U.S. District Judge A. Wallace Tashima of Los Angeles, whose earlier ruling striking down the USIA regulations was upheld today, declared last Friday that the agency’s latest set of interim regulations on the same subject was also unconstitutional.

The new regulations, issued last November, authorized the agency to label a film “propaganda” while issuing it a certificate for duty-free foreign circulation.

Tashima said the label would undermine the value of the certificate and appeared to be an attempt by the government to get around his earlier ruling. He ordered the USIA to issue a third set of regulations that do not distinguish among films on the basis of content.

The USIA and Justice Department declined comment today on both rulings.

“This is a great victory for the First Amendment and obviously important for film makers, many of whom have lost significant amounts of money” because of the USIA restrictions, said David Lerner, spokesman for the Center for Constitutional Rights, which represented the film makers.

The regulations, which implement a treaty signed by about 60 nations, deny educational status to films that “by special pleading attempt generally to influence opinion, conviction or policy (religious, economic or political propaganda), to espouse a cause, or conversely, when they seem to attack a particular persuasion.”