Foreign dissidents facing U.S. hurdles to publishing

In the summer of 1956, Russian poet Boris Pasternak -- a favorite of the recently deceased Joseph Stalin -- delivered his epic "Doctor Zhivago" manuscript to a Soviet publishing house, hoping for a warm reception and a fast track to readers who had shared Russia's torturous half-century of revolution and war, oppression and terror.

Instead, Pasternak received one of the all-time classic rejection letters: A 10,000-word missive that stopped just short of accusing him of treason. It was left to foreign publishers to give his smuggled manuscript life, offering the West a peek into the soul of the Cold War enemy, winning Pasternak the 1958 Nobel in literature and providing Hollywood with an epic film.

These days, Pasternak might not have fared so well.

In an apparent reversal of decades of U.S. practice, recent federal Office of Foreign Assets Control regulations bar American companies from publishing works by dissident writers in countries under sanction unless they first obtain U.S. government approval.

The restriction, condemned by critics as a violation of the First Amendment, means that books and other works banned by some totalitarian regimes cannot be published freely in the United States.

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Several groups, led by the PEN American Center and including Arcade Publishing, have filed suit in U.S. District Court in New York seeking to overturn the regulations, which cover writers in Iran, Sudan, Cuba, North Korea and, until recently, Iraq.

Violations carry severe reprisals -- publishing houses can be fined $1 million and individual violators face up to 10 years in prison and a $250,000 fine.

"Historically, the United States has served as a megaphone for dissidents from other countries," said Ed Davis of New York, a lawyer leading the PEN legal challenge. "Now we're not able to hear from dissidents."

Yet more than dissident voices are affected.

The regulations already have led publishers to scrap plans for volumes on Cuban architecture and birds, and publishers complain that the rules threaten the intellectual breadth and independence of academic journals.

Shirin Ebadi, the 2003 Nobel Peace Prize winner, has joined the lawsuit, arguing that the rules preclude American publishers from helping craft her memoirs of surviving Iran's Islamic revolution and her efforts to defend human rights in Iranian courts.

In a further wrinkle, even if publishers obtain a license for a book -- something they are loathe to do -- they believe the regulations bar them from advertising it, forcing readers to find the dissident works on their own.

"It's absolutely against the First Amendment," fumed Arcade editor Richard Seaver, who hopes to publish an anthology of Iranian short stories. "We're not going to ask permission (to publish). That reeks of censorship."

via The Smirking Chimp