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.