Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
Like provisions are contained in the Invention Secrecy Act of 1951.
When the head of a government agency holding a property interest in
an invention deems publication or disclosure by the grant of a patent
detrimental to the national security, the Secretary of Commerce, as
soon as notified, is required to order that the invention be kept
secret and withhold the patent therefore.[476] When the Secretary of
Commerce believes that publication or disclosure of an invention by the
granting of a patent, in which the government does not have a property
interest, might be detrimental to the national security, he must
make the application for patent in which such invention is disclosed
available for inspection to the Atomic Energy Commission, the Secretary
of Defense, and the chief officer of any other department or agency
of the government designated by the President as a defense agency of
the United States. He must also issue a secrecy order at the request
of any of the defense agencies. Moreover, if there is a proper showing
by the head of the department or agency who caused the secrecy order
to be issued that the examination of the application might jeopardize
the national interest, the Secretary of Commerce must maintain the
application in a sealed condition and notify the applicant accordingly.
_Secrecy of Testimony_: Two statutes examined contained provisions
requiring or approving the suppression of information at the request
of persons who had provided it to emergency agencies. In Section 202
thereof the Emergency Price Control Act of 1942 authorized the Price
Administrator to make investigations, subpoena witnesses, and compel
testimony upon the grant of immunity from prosecution. The same Act
also provided that the Administrator should not publish or disclose
any information obtained under the Act that the Administrator deemed
confidential or with reference to which a request for confidential
treatment had been made by the person furnishing such information,
unless he determined that the withholding thereof was contrary to the
interest of the national defense and security.[477] This, of course,
is the reverse of the usual requirement that information be made
public unless contrary to the interest of the national defense and
security. The Export Control Act of 1949 also contained a compulsory
testimony provision, with the requirement that, except as necessary
to the national interest, information given in such testimony be kept
confidential upon request of the witness.[478]
REGULATION OF PROPAGANDA ACTIVITIES
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