DISCLOSURE OF OSS INFORMATION ON TERMINATION OF EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000020102-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: August 17, 2000
• Sequence Number: 102
• Content Type: LIST

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OGC HAS REVIEWED.
Disclosure of OSS Information on
Termination of Employment
50 U. S. C. 30, 32, 34:
Prohibits divulg ,m to foreign Governments of information
relating to national defense intending advantage to that Govern-
ment, or injury to the United States.
41 U. S. C.. (Note preceding Section.l)
Punishes one who lets an alien see plans.
50 U. S. C. 45(b-*.
Prohibits publication of photographs without the permission
of CO.
22 U. S. 0._135:
Prohibits willful, unauthorized publication of any diplomatic
code or any matter prepared in code.
18 U. S. C. 98:
Prohibits use of papers designed to violate statutes or
rights and obligations of United States under treaty or law of
nations.
18U. S. C. 214
:
(Agriculture):
Punishes any employee or officer who by virtue of his office
gains information which is required to be withheld from publica-
tion and publishes same.
8 U. S.CC. 45?:
35 U. S. C. 42:
Enables the Commissioner of Patents to withhold as secret
any invention as long as he deems necessary in the national
interest.
1$ U. S. C. 72-74A.234:
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46 U.S.C. 710(a):
Prohibits the use of any document published by the Bureau
of Navigation.
18 U.S.C. 343-5:
47 U.S.C. 605:
(Check Archives Statute for language allowing certain
documents to remain classified.)
In "The Peace Negotiations" by Robert Lansing, the author
anticipated criticism for including information gained through
his confidential oy t on, but he felt 'justified in revealing
this, because of mplioations reflecting on his loyalty and
integrity. Herbert Yardley, in publishing "The American Black
Chamber" revealed many items of information which should have
been secret. There is no justification made for this, except
that in his judgment, since the office about which he wrote had
been discontinued, he was at full liberty to write about its
operations. His information was so extraordinary, I checked
the table of cases to see whether he had been prosecuted. I
found nothing.
22 U. S. C. 126:
Prohibits foreign service officers from corresponding with
private persons concerning public affairs.
Gorin vs U. S. 111 F2-712:
This was a case involving a violation of 50 U.S.C. 31-32,
Where it was said that "national defense" was used in the broad
sense and was not to be limited to matters relating to vessels,
aircraft, etc. Whether national defense was involved was a fact
question for the jury. It was pointed out that the head of
Naval Intelligence in San Diego had instructed the appellant
against disclosure of any information learned in the course of
his employment. This was held pertinent to the question of the
appellant's "reason to believe". The court did not dwell on
the fact that the very reports in question had to be made part
of the public record and submitted in evidence. The court said
this was necessary to the prosecution of the case and the sound-
ness of this procedure was for Congressional attention.
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31 Columbia 1148:
28 California Law Review 733:
23 Yale 559:
35 Harvard 9:
32 Harvard 417, 932:
17 Michigan Law Review 621:
17 Tennessee Law Review 706 (Roscoe f'ound's article):
21 Georgetown 35, 161:
249 U. S. 211, 204, 47:
The Holmes test as laid down in the Schenk case (249 U.S. 47)
is "whether the words used are. used in such circumstances and are
of such a nature as to create a clear and present danger that they
will bring about the substantive evils that Congress has a right
to prevent." (See 250 U. S. 616, (33 Harvard 747; 35 Harvard 9),
251 U. S. 466, 252 U. S. 239).
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Mrr. Justice Brandeis in Whitney v. California, 274 U.S.
357, (1927) said: "Only an emergency can Justify repressions'.
Such must be the rule, if authority is to be reconciled with
freedom."
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