What turn may censorship take if U.S. enters war? (1-20-41)

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The Pittsburgh Press (January 20, 1941)

Background of Important News –
WHAT TURN MAY CENSORSHIP TAKE IF U.S. ENTERS WAR?
By editorial research reports

If the United States should attain the official status of a belligerent in the present war, how much censorship would be exercised over the press, the radio, public utterances! Predictions must be mere guesswork, of course, yet the experience of the United States with censorship in the last war may be some guide.

Almost immediately after the United States declared war on Germany on April 6, 1917, an “espionage” bill was introduced in Congress. Section 4 would have empowered the President, during a state of war or even of threat of war, to prohibit the publication or communication of any information about the national defense which, in the President’s judgement, might be “useful to the enemy.” President Wilson urged that the bill be passed.

But the press was almost unanimous in attacking Section 4. It was called a “gag law,” “Kaiserism.” The administration was assured that without such a law, it could depend upon the press voluntarily to keep quiet on military information which might be of use to the enemy.

The House proved to be less censorship-minded than the Senate, and by almost a three to two vote, deleted Section 4 of the Espionage Bill. The Senate restored the section, however, and then voted for the whole bill with only six dissenting votes. The House voted against the Senate finally yielded, so that the Espionage Bill became law, on June 15, 1917, without the censorship provision.

In other words, even during the war, anyone in the United States was free to say or publish what he wanted, provided he were willing to take the consequences. And the consequences might be severe. Section 3 of the Espionage Act subjected to a fine of $10,000 or imprisonment up to 2 years any person who made false statements with intent to promote the success of the enemies of the United States, or willfully to cause refusal of duty in the armed forces.

Another section of the Espionage Act of 1917 empowered the Postmaster General to bar from the mails any publication which violated the act. Use of the mails for purposes forbidden by the act involved a fine up to $5,000 and imprisonment up to five years.

The Trading with the Enemy Act of October 6, 1917 enabled the President to censor all messages – cable, radio, mail – from the United States to foreign countries. The whole problem in 1941 might be different from the problem in 1917-18 because radio broadcasts from foreign countries are now audible in the United States.

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The Sedition laws strike back.

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Umm, it’s now 21 years too late. However, the Smith Act of June 28, 1940 was pretty close (at least in Title I):

TITLE I

SECTION 1
a) It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States —

  1. to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or

  2. to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.

b) For the purposes of this section, the term ‘‘military or naval forces of the United States’’ includes the Army of the United States, as defined in Section 1 of the National Defense Act of June 3, 1916, as amended (48 Stat. 153; U.S.C., title 10, § 2), the Navy, Marine Corps, Coast Guard, Naval Reserve, and Marine Corps Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.

SECTION 2
a) It shall be unlawful for any person —

  1. to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;

  2. with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence.

  3. to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof.

b) For the purposes of this section, the term ‘‘government in the United States’’ means the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them.

SECTION 3
It shall be unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of this title.

SECTION 4
Any written or printed matter of the character described in Section 1 or Section 2 of this Act, which is intended for use in violation of this Act, may be taken from any house or other place in which it may be found, or from any person in whose possession it may be, under a search warrant issued pursuant to the provisions of Title XI of the Act entitled ‘‘An Act to punish acts of interference with the foreign relations, the neutrality and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes’’, approved June 15, 1917 (40 Stat. 228; U.S.C., title 18, ch. 18).

SECTION 5

  1. Any person who violates any of the provisions of this title shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than ten years, or both.

  2. No person convicted of violating any of the provisions of this title shall, during the five years next following his conviction, be eligible for employment by the United States, or by any department or agency thereof (including any corporation the stock of which is wholly owned by the United States).

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Many thanks for the info Norman :slight_smile:

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