Liberty of conscience, encompassing free speech, a free press, and freedom of religion, has a rich history in Anglo-American political thought, long predating the drafting of the First Amendment to the United States Constitution in 1789. The debate over licensing acts in seventeenth-century England; the advancement of principles of toleration by John Milton, Algernon Sidney, and John Locke in the same period; the renowned, impassioned, and highly influential essays of John Trenchard and Thomas Gordon in Cato’s Letters; the flourishing of a relatively free press and free church in eighteenth-century colonial America; and the liberty-championing assertions in the several declarations of rights in the newly independent states of America all played a critical role in shaping and inspiring the popular views in America that made the First Amendment possible.

In the 1790s, the United States faced a series of crises—both domestic and foreign—which many believed threatened the nation’s very existence. These culminated in the Quasi-War with France beginning in 1796. The Federalist majority identified the greatest threats to the Republic as foreigners and their willing or unwitting American allies. Thus, they enacted the Alien and Sedition Acts in 1798 and other laws to allay these threats. Throughout the ensuing debates, Federalists emphasized the dangers of foreign nations who sought to separate the American people from their government. Republicans challenged Federalists’ fears as overblown and defined the real threat as the Federalists themselves who justified the expansion of the general government’s power and the infringement of individual rights in the name of national security. Americans engaged in their first debate about the meaning and limits of liberty and security.

During the Civil War, many Americans were prepared for censorship if free speech undermined preserving the Union. Journalists were unable to obtain timely accurate information on the military campaigns either for fear of helping the enemy or depressing morale at home. Self-censorship was far more important than official suppression of free speech, as spontaneous popular pressure curtailed freedom of expression at the beginning of the war and later on the army performed a similar function. For Federals, commitment to preserving the Union required treating Confederates as ubiquitous seditious conspirators. Combatting this internal enemy, in turn, especially in the Border States, required extensive suppression of free speech. Later in the conflict and right across the Union, the critical and urgent need to fill the ranks led to official censorship of any words that might discourage volunteering, and this conflicted with freedom of religion as well as speech and the press.

Wartime pressures to protect national military and security interests inevitably create threats to civil liberties. This essay reviews the abuses of the period, carried on by public officials as well as citizens who saw themselves as acting on their behalf. There was a remarkable range of targets—with few spies to find, broadly defined disloyalty sufficed. The attempt to create a unified, loyal culture extended to wide areas of the culture, such as the teaching of history, aided by volunteers. The public and private efforts brought ruined reputations, imprisonments, public shaming, murders, and awful behavior on the part of courts and citizens. These were bad times for civil liberties. This essay reviews the history and explores the legacies.

This article presents a history of free speech in wartime in the United States from the end of World War I to the end of World War II.

In the decades immediately following the Vietnam War, there were no significant conflicts with free speech resulting from major policy or military action. In contrast, the global war on terror following the events of September 11, 2001, mirror in many ways where prior conflicts and government action clashed with Free Speech. Forty-five days after the worst attack on American soil since Pearl Harbor, Congress enacted the USA PATRIOT Act. In the months and years that followed, American forces fought abroad and opponents of and advocates for the Act fought at home. This article will review the implementation of the Patriot Act and two provisions, section 215 and 805, to follow the actions of the executive, legislative, and judicial branches of the federal government and those of civil liberties advocacy groups to review America’s efforts to meet the challenges of providing security for the homeland and protecting Free Speech.