The First Amendment: No License Necessary to Publish

Michael Moore is a journalist. He produces documentaries. The United States cannot demand that a journalist get a license before practicing journalism. That's what freedom of the press, guaranteed by the First Amendment, is all about: we don't need no stinking license. We're free to publish.

Historical context: One of the issues that America's founders dealt with under former British rule was licensing of printers. No one who wasn't licensed, by either the king or the official church, was permitted to publish. So, the First Amendment was meant to address this by guaranteeing freedom of the press and thereby, abolishing the need for press licenses.

It's a principle that's managed to withstand a couple of centuries.

Fast forward to today. Apparently, Michael Moore has been issued a subpoena for his taking his film crew to Cuba to film his latest documentary, Sicko. And what is the issue the government is raising? That he may not be licensed as a journalist to do so.

There is nothing more dangerous to our press freedom than giving the government control over who may or may not qualify for a license to report and publish. Demanding licenses, which must come through the federal government, means that the federal government can shut down the activities of "non-licensed" journalists. It's as unconstitutional as it gets, folks. Protest it to the rafters.

This is an especially important issue for freelancers (like me, for example), who, while journalists, aren't necessarily on staff with a particular news organization.

The letter the Bush administration sent Moore, and a link, is below:

DEPARTMENT OF THE TREASURY
WASHINGTON. D.C. 20220 May 2 2007

CERTIFIED MAIL - REQUIREMENT TO FURNISH INFORMATION No: CT-336858

Michael F. Moore
ADDRESS DELETED

Dear Mr. Moore:

The Office of Foreign Assets Control ("OFAC") administers a
comprehensive trade embargo against Cuba as set forth in the Cuban
Assets Control Regulations, 31 C.F.R. Part 515 (the "Regulations").
Section 515.201(b) of the Regulations prohibits all unauthorized
travel-related transactions with respect to Cuba by persons subject to
the jurisdiction of the United States. Travel-related transactions may
be authorized only through general or specific licenses issued by
OFAC. Violations of Regulations may result in civil and/or criminal
penalties.

OFAC has received information indicating that you traveled to Cuba
during March of 2007. This Office has no record that a specific
license was issued authorizing you to engage in travel-related
transactions involving Cuba. OFAC has information indicating that you
claimed to qualify under the provision for general license for
full-time journalists. An application dated October 12, 2006 was
submitted by Coldflat Productions, which included you, but no
determination had been made by OFAC. OFAC Enforcement is conducting a
civil investigation for possible unlicensed transactions under the
Regulations surrounding your alleged trip to Cuba. The information you
provide in response to this letter may serve as the basis of further
civil enforcement action by OFAC.

Pursuant to section 501.602 of the Reporting, Procedures and Penalties
Regulations, 31 CFR Part 501, you are hereby required to provide this
Office with a detailed written report concerning your alleged trip to
Cuba. Your report must specifically respond to all the items
enumerated below.

1. Provide your dates of travel (include date and point of departure
from the U.S., third country stopover points, date of arrival in and
departure from Cuba and date of return to the U.S.).

2. Provide the reason for your trip to Cuba and your itinerary within Cuba.

3. If you claim that your trip to Cuba qualifies for a general license
for journalistic activities, provide the following:

a. Evidence that you are regularly employed as a journalist by a news
reporting organization or;

b. Evidence that you are regularly employed as a supporting or
technical personnel by a news reporting organization.

4. State the cost of your airline or ocean vessel tickets and the name
of the individual or entity that paid for each ticket (provide a copy
of each ticket receipt).

5. Provide the name and address of any travel agency that you used to
arrange travel to Cuba, the service each agency provided to you and
the amount you paid to each agency (provide a copy o f receipts).

6. Provide the name and location of hotel(s) or other place(s) where
you stayed while in Cuba and the amount you paid (include method of
payment and receipts).

7. For each individual who was part of this trip, provide their name,
address and purpose for participation..

8. Provide any additional information which you may wish OFAC to
consider concerning your trip to Cuba.

Your report is due at OFAC within 20 business days from the reciept of
this letter and should be addressed as follows:

U.S. Department of the Treasury
Office of Foreign Assets Control
Attn: John Dickie
1500 Pennsylvania Avenue, N.W. (Annex)
Washington, D.C. 20220

You should be aware that failure to respond to this letter may result
in the imposition of civil penalties by OFAC. If you have any
questions, please call Mr. Dickie at (202) 622-2430

Sincerely,
SIGNATURE
Dale Thompson, Chief
General Investigations & Field Operations
Office of Foreign Assets Control