@虫文门 #121647 https://en.wikipedia.org/wiki/Smith%E2%80%93Mundt_Act
@消极 #121649
Provisions
There are three key restrictions on the U.S. State Department in the Smith–Mundt Act.
The first and most well-known restriction was originally a prohibition on domestic dissemination of materials intended for foreign audiences by the State Department. The original intent was the Congress, the media and academia would be the filter to bring inside what the State Department said overseas. In 1967, the Advisory Commission on Information (later renamed the Advisory Commission on Public Diplomacy) recommended the de facto prohibition on domestic distribution be removed noting that there is "nothing in the statutes specifically forbidding making USIA materials available to American audiences. Rather, what began as caution has hardened into policy."[13] This changed in 1972 when Senator J. William Fulbright (D-AR) argued that America's international broadcasting should take its "rightful place in the graveyard of Cold War relics" as he successfully amended the Act to read that any program material "shall not be disseminated" within the U.S. and that material shall be available "for examination only" to the media, academia, and Congress (P.L. 95-352 Sec. 204). In 1985, Senator Edward Zorinsky (D-NE) declared USIA would be no different than an organ of Soviet propaganda if its products were to be available domestically.[14] The Act was amended to read: "no program material prepared by the United States Information Agency shall be distributed within the United States" (P.L. 99-93). At least one court interpreted this language to mean USIA products were to be exempt from Freedom of Information Act requests. In response, the Act was amended again in 1990 to permit domestic distribution of program material "12 years after the initial dissemination" abroad (P.L. 101-246 Sec 202).
**The second and third provisions were of greater interest to the Congress as they answered critical concerns about government engaging domestic audiences. ** Added to the Bloom Bill, the predecessor to the Smith-Mundt Bill in June 1946 by Representative John M. Vorys (R-OH) "to remove the stigma of propaganda" and address the principal objections to the information activities the Congress intended to authorize. These provisions remain unamended and were the real prophylactic to address concerns the U.S. Government would create Nazi-style propaganda or resurrect President Wilson's CPI-style activities. The amendment said the information activities should only be conducted if needed to supplement international information dissemination of private agencies; that the State Department was not to acquire a monopoly of broadcasting or any other information medium; and that private sector leaders should be invited to review and advise the State Department in this work.
Section 1437 of the Act requires the State Department to maximize its use of "private agencies." Section 1462 requires "reducing Government information activities whenever corresponding private information dissemination is found to be adequate" and prohibits the State Department from having monopoly in any "medium of information" (a prescient phrase). Combined, these provide not only protection against government's domination of domestic discourse, but a "sunset clause" for governmental activities that Rep. Karl Mundt (R-SD) and Assistant Secretary of State for Public Affairs William Benton stated clearly: as private media stood up, government media would stand down.
推特治国真有问题,怎么这四年都没一个政敌提出这点??你比美国那些法律专家更懂??
https://www.theguardian.com/us-news/2021/jan/07/donald-trump-facebook-social-media-capitol-attack
Grygiel cited the Smith-Mundt Act of 1948, which regulates the distribution of government propaganda, as an example of one law that limits the government’s communication. But such regulation does not exist for the president’s Twitter account, Grygiel said. Instead we have relied on the assumption the president would not use his social media account to incite an insurrection.
Grygiel said it was time to move away from the idea that a president should be tweeting at all. Adam Mosseri, head of Facebook’s subsidiary Instagram, said on Twitter on Thursday evening that Facebook has long said it believes “regulation around harmful content would be a good thing”. He acknowledged that Facebook “cannot tackle harmful content without considering those in power as a potential source”.
Grygiel said: “We need non-partisan work here. We need legislation that ensures no future president can ever propagandize the American people in this way again.”
总之这位教授和我的观点差不多。他认为,Smith-Mundt Act用于限制政府的宣传洗脑,但是目前没有直接规范总统行为的法律,川普属于钻法律漏洞,将来会有相关法律出台。
但我和他不同的看法是,川普公私不分,在使用私人账户发推并使用官方账户转发时,应该视作以总统的身份对外喊话。那么,他的发推宣传应当视作政府行为,同样受到Smith-Mundt Act的限制。
贺卫方教授也有类似观点,见第四条: