I was interested in finding information about this topic, past or present (i.e. Iraq and other historical wars that the U.S. fought in). A search on the messageboards for “Freedom Speech Wartime” came up with nothing, and a google search did not leave me very satisfied.
If anyone can give me a few links, either comprehensive discussions of this topic on the meffage board here (which is usually more fun to read) or just outside links anyone thinks are interesting.
Thanks.
P.S. This seems super obvious re-reading the body of this message, but this is the topic I chose for my US History paper; any fun links that are interesting on their own and not as formal or relevant to a paper are also appreciated. And
Well I can’t give you links but I can give you case citations.
Certain speeches made during a time of war are not going to receive as much protection as they normally would when there is not any war.
Look up Schenk v. United States 249 U.S. 47, Debs v. United States, 249 U.S. 211, Abrams v. United States 250 U.S. 616. Each of these cases involves a Federal statute prohibiting certain types of conduct, including certain types of speech.
The most famous is Schenk v. United States where Justice Holmes articulated the Clear and Present danger test.
You may also want to investigate Free Speech, or the lack thereof, during the Civil War. President Lincoln initiated several Executive orders substantially abridging the Freedom of Speech.
More importantly you may want to research President Lincoln’s arrest of former Congressman and prominent Democrat Clement Vallandingham for giving a speech denouncing the Civil War.
See Michael Kent Curtis, Free Speech, The People’s Darling Privilege and Michael Kent Curtis, Lincoln, Vallandingham, and Anti-War Speech in the Civil War.
Law school. Nice.
Thanks a lot for the info.
But note that none of the above may have any actual application to current affairs, since the USA has not been legally at war since 1945.
If you’re up for some offline reading, see All the Laws but One: Civil Liberties During Wartime by the CJ himself, William Rehnquist.