YOU CAN'T GO BACK

...Rusk reaches it from the Circuit Court for the District of Columbia...

...Dulles had other weapons...

...On a petition for certiorari (review), Worthy vs...

...The need to fill that ignorance gap outweighs all officialdom's expedient arguments, all the police-state arguments concocted in the Passport Office, and all the political-judicial rationalizations that hitherto have severely limited the right to travel and its companion, the right to know...

...If the courts continue to decide passport issues in the same vein as the most recent cases, there is hope that the arbitrary Miss Knight will be curbed still further...

...in this case, I was returning from Cuba...

...The strength of the currently liberal trend on passports will be tested when the Johnson Administration decides whether or not to push for Congressional authorization of criminal penalties to put "teeth" into the area travel bans...

...Senate as a "peace" candidate, be kept under surveillance while traveling abroad...

...In Sevareid's long career it was his first peacetime encounter with censorship, and his fury was boundless...

...The State Department never explained why North Korea, the only Communist country where a shooting war was in progress, was not proscribed then or for some years thereafter...

...Of her it was said, "You don't go if she says no...

...The most recent hopeful sign of this trend was the January decision of the U.S...

...By declining to review, the Supreme Court failed to meet the issue and, in effect, upheld the lower courts...

...James A. Wechsler ob tained Sevareid's script and had it published in The New York Post...

...Prior to the cold war, the usual rationale for the bans was that the American traveler would encounter danger in a particular area...

...But on May 1, 1952, for wholly political reasons in a period of national hysteria, the Truman Administration put Russia, China, and all of eastern Europe except East Germany off limits...

...But in 1959 the Supreme Court was not yet ready to tangle with the Executive Branch on another hot political issue—that of banning travel to certain countries...

...With a slightly different administra tive twist the Supreme Court will again be confronted with that recur ring issue when Lynd vs...

...To be fair to Dean Acheson, John Foster Dulles, and Dean Rusk, their predecessors in the State Department as far back as 1914 have claimed the right to put areas and countries out of bounds to American travelers...

...For a full year thereafter, sometimes like a weekly serialized story that went on from press conference to press conference, Dulles and his spokesmen sought to defend their opposition to were: (1) newsmen and others must be kept out of China because Washington could not "protect" them...

...She has been described by James A. Wechsler as "the last-ditch embodiment of the oppressive spirit of McCarthy and the late Senator Pat McCarran...

...3) freedom of the press involves only the right to publish the news and not the right to gather it...

...In the past decade the frequency with which passport and travel cases have forced their way onto the Supreme Court's overcrowded docket demonstrates that nothing is ever settled until it is settled right...

...In 1964, a unanimous Fifth Cir cuit Court of Appeals ruled in U.S...

...The State Department's arguments The Washington press corps and cartoonist Herblock riddled these arguments, but Mr...

...2) the presence there of U.S...

...Dulles failed to get that minimum...

...Despite the judicial and administrative gyrations of recent years, which have not resolved the question of passport rights, there has been some progress since the end of the McCarthy era...

...Late in 1965, Yale Professor Staughton Lynd flew to North Vietnam, and his passport was subsequently cancelled...

...The same risk would be involved for the American women who recently returned from a visit to Hanoi...

...Worthy that, on constitutional grounds, a citizen cannot be prosecuted for re turning home without a passport, even if coming back from one of the for bidden countries...

...In a six to three ruling, the Justices declined to order the State Department to validate the passport of an intellectually inquisitive citizen who wished to see Cuba for himself but was unwilling to go if it meant forfeiture of his passport and the then existing risk of criminal prosecution...

...Apparently seeking to appease officialdom on trivia while simultaneously supporting my defiance, CBS News cabled me, advising thatshould end my broadcast, "This is WilHam Worthy in Peiping . . . pronounced Bayping...

...The Court did not deal with the basic issue—which still remains to be settled—of the constitutionality of legislative and administrative curbs on travel...

...Supreme Court enlarging the freedom to travel abroad...

...What counts is whether history finds their logic and their judicial-political integrity acceptable...

...He suggested that chess wizard Bobby Fischer join in the games by means of a telephone hook-up...

...That decision automatically put an end to the non-Communist oath which the Passport Office, without a shred of statutory authority, had required of most applicants...

...Inevitably the day came when non-Communists and apolitical persons began having their private and professional travel circumscribed...

...But as Leonard Boudin, a constitutional lawyer, has pointed out, "Not until the political problems with Cuba arose did the government ever seek to prosecute people for travel to restricted areas...

...He and his top aides twisted enough arms of the country's foremost news executives to keep virtually all U.S...

...I was appealing from adverse decisions in the lower courts, which had refused to order the Secretary of State to renew my passport following my "unauthorized" trip as a journalist to China...

...At that time the famous artist was not only being denied a passport for anywhere, but was even kept from crossing into Canada, for which a pass port is not required...

...Her authoritarianism has been curbed somewhat by court decisions and by widespread editorial and Congressional criticism—most recently when a liberal adversary in the State Department revealed Miss Knight's role in a request that H. Stuart Hughes, a professor of history at Harvard who had campaigned for the U.S...

...generations of Americans took for granted but which has been drastically restricted in this era of the cold war now appears to be in a process of gradual restoration...

...Nevertheless, because of the Supreme Court's January decisions, dozens of venturesome students will not be jailed for having gone to Cuba in 1963 and 1964...

...Not the least of the administrative barriers to free travel is that the Passport Office has long been under the control of reactionary and arbitrary directors who have had scant regard for individual rights...

...The net result is that an American with a currently valid passport can now journey to Albania, China, Cuba, North Korea, or North Vietnam without fear of prosecution&mdash...

...If not, the issue of free travel will rise to haunt them again and again...

...But because their passports were cancelled after those trips, they will risk imprisonment for any future journey there or to any destination requiring a passport...

...This country looked as absurd as it had in the Fifties when the American Telephone & Telegraph Company rigged up a trans-Atlantic voice circuit so that Paul Robeson could sing for his British fans who jammed a London concert hall to hear him...

...Thus even a U.S...

...Without those teeth the effectiveness of the bans, especially with New Left students, will wither away...

...The lower courts have upheld this power of cancellation...

...Ruth Shipley, who ruled the office for many years, was a law unto herself...

...Fidel Castro, who twice had called the world's attention to my "illegal reentry" case, poured equal ridicule on Washington when the State Department vetoed American participation in a Havana chess tournament...

...newsmen out of China...

...During this decade of passport liti gation Americans were generally indif ferent to the moral and constitutional issues when only "Communists" were being victimized by a high-handed bureaucracy...

...Helen Travis of California, who took two trips to Cuba without government approval, held that no criminal statute prohibited such activities...

...any trips to China by American reporters...

...Perhaps the most ludicrous incident in the State Department's vendetta against the news media occurred while I was in Peking...

...When I later made public, at a Sen ate hearing, Robert Murphy's crude pressure on Paley, Edward R. Murrow told me of his own action: On his CBS radio newscast he had disparaged Mur phy's weak denial and let his millions of listeners know that my facts were straight...

...travel control is control over news and information, and it cannot be squared with the Bill of Rights...

...The effect of the decision was to open the door for one trip to the forbidden lands, but not a second one...

...It is precisely the "forty" present or potential trouble spots in the world where Rusk foresees possible U.S...

...Simultaneous ly, comedian Dick Gregory is asking the courts to enjoin Rusk from cancel ling his passport if Ho Chi Minh per mits him to enter North Vietnam to entertain American prisoners of war...

...Nine years ago, in WILLIAM WORTHY, foreign correspondent and lecturer, reported in the April, 1964 issue of The Progressive on some of his passport experiences...

...but since his passport will be canceled upon return home, any "willful" travel, at a later date, to these countries or to any destinations outside the Western Hemisphere will constitute a criminal violation of the 1952 McCarran Act...

...Secretary of State Dean Rusk (who still insists on "Peiping") is known to favor retention of the travel bans, although last year he approved considerably liberalized exceptions for newsmen, doctors, and a chosen few in other selected categories...

...But the Justices did rule, in a unanimous decision, that persons issued valid passports to go to approved countries, who then enter Communist countries in defiance of a State Department prohibition, are not commiting a crime punishable under Federal law...

...Within the government, Ambassador at Large W. Averell Harriman has waged a protracted struggle for total elimination of the bans—a battle he reportedly was on the verge of winning, with Presidential encouragement, at the time of the Kennedy assassination...

...Miss Frances Knight, who succeeded Miss Shipley in 1955, is a worthy inheritor of the aphorism as well as the position...

...newsmen would bestow "respectability" on Mao's Communism which, as late as August, 1958, Mr...

...Dulles was publicly depicting as "a passing phase" in China...

...military intervention that the American people know least about...

...Timidly at first, and more confidently in the Sixties, even the lower courts have, in numerous cases, upheld the citizen's right to a passport and his freedom to travel...

...It was China's sudden invitation to U.S...

...soil, to leave this hemisphere...

...The State Department was constrained to grant passports to Milton Mayer, Vincent Copeland, and a number of Quakers who had refused, on grounds of conscience, to take the oath...

...The CBS news director ruled off the air Sevareid's stinging five-minute analysis of the Dulles position on freedom of travel and freedom of the press...

...In 1964, Herbert Aptheker and Elizabeth Gurley Flynn won passports when the Supreme Court struck down the provision of the 1950 McCarran Internal Security Act that made it a crime for a Communist to use or even apply for a passport...

...Canada takes the position of total disinterest in the destination of Americans leaving her territory...

...For traveling without a passport he could be sent to prison for as long as five years and be fined $5,000, provided the government can prove his "intent," at the moment of departure from U.S...

...there is no immigration or customs inspection on departure from Canadian air ports...

...travel control is intellectual control...

...When Eric Sevareid tried to take on the State Department, he emerged with scars...

...Within hours of the Supreme Court's ruling, the State Department reiterated its policy of canceling the passport of any citizen whose "unauthorized" travel comes to its attention...

...Last year he initiated and helped to organize the Citizens' Mission to Cambodia...

...After the Columbia Broadcasting System carried my first shortwave newscast from China, Deputy Under Secretary of State Robert Murphy telephoned the network's president, William Paley, and urged him to broadcast no further embarrassing news programs from the country which Washington was pretending did not exist...

...A British correspondent suggested I add, "Now back to CBS News in Nieuw Amsterdam...

...citizen who has no passport can travel via Canada to France or Czechoslovakia, and thence to other countries and other continents, solely on the strength of a notarized Affidavit of Identity and Nationality&mdash...

...At least the erring traveler can re turn...

...The Court ruling in the case of nine young New Yorkers who set up an "unauthorized" Cuban tour for fifty-eight students, and in the case of Mrs...

...The point, I replied, is not whether an individual without a passport bows before the wisdom of nine fallible men...

...Since then, again without passport, he has traveled in North Vietnam, Cambodia, and Indonesia...

...newsmen in August, 1956, to visit that country that precipitated the first serious national debate on the travel bans...

...To win judicial review in the Supreme Court, a minimum of four of the nine Justices must profess to see a substantive issue in the case...

...Kent vs...

...Six years elapsed before the high court, in Zemel vs...

...In fact, the Court did not change the position it took in a 1965 decision upholding the power of the Secretary of State to refuse passports for visits to certain countries...

...While the Supreme Court was still considering the cases which were the subject of its later decisions this January, a Canadian radio reporter asked me in an interview if I, with a direct stake in the outcome, would "accept" whatever ruling was handed down...

...either self-composed on plain paper with a photo affixed, or obtained from international airlines...

...Dulles, the government lost its self-assumed power to deny passports because of alleged or suspected political beliefs or associations...

...For the new Congress to invoke the threat of imprisonment to impede the flow of information—a development that is quite possible—or for judges with lifetime tenure to pin a constitutional label on any such legislation rammed through by a reactionary co alition, would assure the condemnation of history...

...You can't go back by WILLIAM WORTHY T^H E FREEDOM of travel that earlier •*&bull...

...When the dismaying word reached him that two Look representatives and I had nevertheless arrived in Peking, the State Department coerced the magazine's publisher into cabling his reporter-photographer team to leave at once...

...No matter how viewed, travel control is thought control...

...Rusk, was again faced with precisely the same issue that my case had presented: the citizen's right to travel freely without incurring civil penalties—loss of passport...