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Hastings Communications and Entertainment Law Journal

Abstract

Regulation of transborder speech - speech flowing into or out of the country - is a relatively neglected subject that now appears to be attracting increased attention in American law. This article presents a survey and commentary on United States laws regulating transborder speech. Its many topics include ideological restrictions on visitors' visas, regulation of "political propaganda" distributed by foreign agents in the United States, government certification of "educational" films for dutyfree circulation abroad, and restrictions on the reception of television programming from foreign communications satellites for purposes of home viewing, university study, or retransmission by American news organizations. The author considers to what extent these and other restrictions on transborder speech are consistent with the first amendment and with the international position of the United States favoring a "free flow" of information across national frontiers.

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