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(a) That the identification of the films in question as 'political propaganda' threatens to cause appellee cognizable injury is established by uncontradicted affidavits indicating that his exhibition of the films would substantially harm his chances for reelection and adversely affect his reputation in the community. Appellee has standing to challenge the Act's use of the term 'political propaganda' as a violation of the First Amendment. In the District Court's view, the conscious use of such a pejorative label was an unnecessary and therefore invalid abridgment of speech.ġ. According to the District Court, the public believes that materials to which the term 'political propaganda' applies have been 'officially censured,' and therefore those materials are rendered unavailable to people like appellee because of the risk of being seen in an unfavorable light by the public. The District Court granted the injunction, holding that the risk of damage to appellee's reputation established his standing to challenge the constitutionality of the use of the term 'political propaganda,' and that such use violated the First Amendment.

Appellee, a member of the California State Senate, wished to show three Canadian films identified by the Department of Justice (DOJ) as 'political propaganda' under the Act, but did not want to be publicly regarded as a disseminator of 'political propaganda.' He therefore brought suit in Federal District Court to enjoin the application of the term 'political propaganda' to the films. The Act uses the term 'political propaganda' to identify those expressive materials subject to its requirements, and defines the term as, inter alia, any communication intended to influence the United States' foreign policies.

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The Foreign Agents Registration Act of 1938 (Act) requires registration, reporting, and disclosure by persons engaging in propaganda on behalf of foreign powers.