Keith Mack
The United States has had a complex history with anti-propaganda laws, with various acts and amendments influencing the landscape of information dissemination. The Smith-Mundt Act, originally passed in 1948, played a significant role in shaping these dynamics. The act aimed to counter Soviet propaganda during the Cold War by promoting American ideals and countering misinformation. Amendments to this act in 1972 and 1985 reflected a shift from the struggle for minds and wills to traditional diplomacy. The Act has been interpreted and amended multiple times, with some arguing for greater transparency and access to information.
Additionally, the Anti-Propaganda Act of 1940, also known as the Voorhis Act, required the registration of organizations under foreign control while operating in the United States. This act aimed to address concerns about foreign propaganda and clandestine political movements. While these laws exist, there have been concerns about their effectiveness and the potential for domestic propaganda. Some have called for stronger laws and oversight to prevent the government from using covert propaganda to shape public opinion.
| Characteristics | Values |
|---|---|
| Name of the law | Smith-Mundt Act, also known as the U.S. Information and Educational Exchange Act of 1948 |
| Purpose | To engage in a global struggle for minds and wills against Soviet propaganda during the Cold War |
| Restrictions | Prohibited domestic dissemination of materials intended for foreign audiences by the State Department |
| Amendments | 1972, 1985, 1990, 2012, 2013 |
| Modernization | Smith-Mundt Modernization Act of 2012, which allows domestic distribution of some materials upon request |
| Anti-propaganda laws | The Anti-Propaganda Act of 1940, or Voorhis Anti-Propaganda Act, requires the registration of organizations subject to foreign control while operating in the U.S. |
| Recent concerns | Allegations of domestic propaganda targeting Americans through social media ads under the Trump administration |
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What You'll Learn
The Smith-Mundt Act
The principal purpose of the legislation was to engage in a global struggle for minds and wills, a Cold War measure intended to compete with propaganda from the Soviet Union and Communist organizations in Europe. The Act established the programming mandate that still serves as the foundation for U.S. overseas information and cultural programs at the Department of State.
In 1967, the Advisory Commission on Information recommended removing the de facto prohibition on domestic distribution, noting that there was no specific statute forbidding making USIA materials available to American audiences. However, in 1972, Senator J. William Fulbright successfully amended the Act to reinforce that program materials "shall not be disseminated" within the U.S. and were only available for examination by the media, academia, and Congress.
In 1985, Senator Edward Zorinsky (D-NE) compared the USIA to an organ of Soviet propaganda if its products were available domestically. This led to an amendment stating that no program material prepared by the United States Information Agency shall be distributed within the United States.
The Smith-Mundt Modernization Act of 2012, co-sponsored by Congressman Adam Smith and Congressman Mac Thornberry, amended the original Act to allow materials produced by the State Department and the Broadcasting Board of Governors (BBG) to be made available within the United States. The new law enables U.S. residents to access USAGM content upon request, promoting global connectivity and audience engagement. However, it is important to note that the Act does not authorize the creation of programs for audiences in the United States, and journalists must adhere to legally mandated broadcasting standards to present accurate and objective news.
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The U.S. Agency for Global Media
The U.S. does have anti-propaganda laws, including the Smith-Mundt Act of 1948, which was amended in 2013. This amendment, signed by President Obama, lifted some restrictions on the domestic dissemination of government-funded media. However, it is still against the law for government-funded media to create programming and market their content to U.S. audiences.
USAGM provides public service media in 64 languages and, unlike commercial broadcasters, is not limited to markets that promise commercial success. By reaching local populations in their own languages, as well as English, the agency provides them with accurate and reliable news. This serves as an alternative to local media, which may be prolific but also subject to government censorship.
The USAGM's enabling legislation, the U.S. International Broadcasting Act, includes a firewall that prohibits interference by U.S. government officials in the objective, independent reporting of news by USAGM networks. This firewall safeguards the ability of USAGM journalists to develop content that reflects the highest professional standards of journalism, free from political interference.
In 2013, a law went into effect amending the U.S. Information and Educational Exchange Act of 1948, known as the Smith-Mundt Act. This amendment allowed content created by the USAGM to be made available within the United States upon request. However, the agency is not authorized to create programming for audiences in the United States, and its journalists must abide by legally mandated broadcasting standards to present accurate and objective news.
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Domestic propaganda ban
The Smith–Mundt Act, passed in 1948, was a Cold War measure to compete with propaganda from the Soviet Union and Communist organizations in Europe. The Act prohibited the domestic dissemination of materials intended for foreign audiences by the State Department. Amendments to the Act in 1972 and 1985 reflected the Cold War's departure from the "struggle for minds and wills" to a balance of power based on traditional diplomacy.
In 2013, President Barack Obama signed the Smith–Mundt Modernization Act, which amended the original legislation to allow materials produced by the State Department and the Broadcasting Board of Governors (BBG) to be made available within the United States. However, it is still against the law for government-funded media to create programming and market their content to U.S. audiences. The amendment sought to modernize the ban for the internet age, when much of the agency's content can be found online.
Despite this, there have been concerns about the use of domestic propaganda by the U.S. government. In 2018, one of the U.S. Agency for Global Media networks, Radio Free Europe/Radio Liberty, bought advertisements on Facebook specifically aimed at Americans, potentially violating the domestic propaganda ban. Additionally, there have been concerns about the "'Breitbartization' of government agencies and the spread of misinformation, with calls for stronger laws to prevent the use of covert domestic propaganda to shape U.S. public opinion.
Overall, while the Smith–Mundt Act and its amendments have lifted some restrictions on the dissemination of information within the United States, there are still legal and normative constraints on the government's ability to engage in domestic propaganda. However, the effectiveness of these measures depends on robust oversight and accountability.
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Anti-Propaganda Act of 1940
The Anti-Propaganda Act of 1940, also known as the Voorhis Anti-Propaganda Act, was enacted into law by the 32nd President of the United States, Franklin Roosevelt, on October 17, 1940. The Act was a statute requiring the registration of organisations subject to foreign control while engaging in activities in the United States. It was penned amidst the economic contraction of the 1930s, considering the developments of American imperialism, American organised labour, Nazism in the Americas, and propaganda in the United States.
The Voorhis Act of 1940 was authored as six sections, authorising the judicial observations of organisations pursuing activities in the United States that were susceptible to foreign controls, as determined by foreign relations. The Act required that every such organisation should register by filing with the Attorney General, on such forms and in such detail as the rules and regulations prescribe, a registration statement containing the information and documents prescribed. This included a detailed description of the activities of the organisation and of each chapter, branch, and affiliate, as well as a description of any uniforms, badges, insignia, or other means of identification.
Additionally, the Act required a copy of each book, pamphlet, leaflet, or other publication issued or distributed by the organisation or its members, along with a description of all firearms or other weapons owned by the organisation or its affiliates. The Attorney General was authorised to make, amend, and rescind rules and regulations necessary to carry out the provisions of the Act. Any violation of the Act was punishable by a fine of up to $10,000, imprisonment for up to five years, or both.
The Anti-Propaganda Act of 1940 was preceded by the McCormack Act of 1938 and the Hatch Act of 1939, and was substantiated with the Smith Act of 1940. It was also followed by the Smith-Mundt Act, which was developed to regulate broadcasting for foreign audiences produced under the guidance of the State Department and prohibited domestic dissemination of such materials.
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The role of Congress
Congress has played a significant role in shaping anti-propaganda laws in the United States, particularly through the Smith-Mundt Act and its subsequent amendments.
The Smith-Mundt Act, also known as the U.S. Information and Educational Exchange Act of 1948, was first introduced by Congressman Karl E. Mundt in 1945 and passed by Congress in 1948. The Act was designed to regulate the broadcasting of programs for foreign audiences produced by the State Department and included a prohibition on domestic dissemination of such materials. Congress, in recommending the passage of the bill, declared six principles that were crucial for its success: telling the truth, explaining the motives of the United States, bolstering morale and hope, presenting an accurate picture of American life and ideals, combating misrepresentation and distortion, and actively supporting American foreign policy. These principles reflected the Act's purpose as a Cold War measure to counter Soviet and Communist propaganda, engaging in a "struggle for minds and wills" as described by Presidents Truman and Eisenhower.
Over time, Congress has amended the Smith-Mundt Act to adapt to changing geopolitical realities and technological advancements. Amendments in 1972 and 1985 reflected a shift from the "struggle for minds and wills" to a balance of power based on traditional diplomacy and military capabilities. As a result, Senator J. William Fulbright argued for the end of domestic broadcasting restrictions, believing that international broadcasting was becoming obsolete in the Cold War context. However, Senator Edward Zorinsky successfully blocked taxpayer access to USIA materials, concerned about the potential for domestic propaganda.
In 2012, Congress passed the Smith-Mundt Modernization Act, which allowed for the dissemination within the United States of materials produced by the State Department and the Broadcasting Board of Governors. This amendment aimed to modernize the Act in the internet age, recognizing that agency content was already accessible online. While the amendment introduced exceptions to the domestic propaganda ban, it still prohibited the use of agency funds to influence U.S. public opinion.
Despite these amendments, concerns have been raised about the need for stronger laws to prevent domestic government propaganda. The Brennan Center for Justice has called for vigorous congressional oversight to ensure compliance with the domestic propaganda ban and prevent covert attempts to shape U.S. public opinion. They argue for enhanced disclosure requirements and a commitment to transparency in government messaging.
Additionally, Congress has continued to address the issue of foreign propaganda targeting the United States. The Countering Foreign Propaganda and Disinformation Act of 2016 aimed to develop a comprehensive strategy to counter foreign disinformation and promote an independent press in vulnerable countries. This Act also established the Center for Information Analysis and Response within the Department of State to lead efforts in analyzing and responding to foreign propaganda and disinformation campaigns.
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Frequently asked questions
Yes, the USA has anti-propaganda laws. The Smith-Mundt Act of 1948, for example, is a domestic propaganda ban.
The Smith-Mundt Act was amended in 2013 to allow some materials created by the U.S. Agency for Global Media to be disseminated in the U.S. However, it is still against the law for government-funded media to create programming and market their content to U.S. audiences.
The Anti-Propaganda Act of 1940, also known as the Voorhis Anti-Propaganda Act, is a United States statute requiring the registration of organizations subject to foreign control while accomplishing activities in the United States.
No. There has been no change to the Agency’s enabling statute, the U.S. International Broadcasting Act of 1994, which authorizes the agency to create programs for foreign audiences. The Agency is not authorized to begin broadcasting or to create programming for audiences in the United States.
