Free speech has often been restricted in wartime, potentially unconstitutionally

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

The ACLU was founded in 1920 in direct response to the suppression of speech during World War I

The mass arrest and prosecution of anti-war activists, socialists, and immigrants under the Espionage and Sedition Acts prompted a group of civil libertarians to form the American Civil Liberties Union to defend constitutional rights.

In the 1930s, Congress nearly passed a constitutional amendment requiring a national vote before declaring war

The Ludlow Amendment, proposed amid rising isolationism after World War I, would have required a national referendum before Congress could declare war, except in cases of direct attack. It was defeated 209 to 188 in 1938 after Roosevelt lobbied against it.

The first test of America's war powers came just a decade after the Constitution was ratified

During the undeclared Quasi-War with France in 1800, the Supreme Court ruled in Bas v. Tingy that Congress had authorized a valid "imperfect war" through statutes alone, without a formal declaration, establishing that there is a legal spectrum between peace and declared war.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Comic books were used as a form of government propaganda in World War II.

What impact did WWI have on the US civil rights movement?

One of the great hypocrisies in American history involve the expectation of African-Americans to defend liberty in several wars while being deprived of it when they returned home to, as this article puts it "disfranchisement, segregation, debt peonage and racial violence." The writer reflects on World War I and how it affected the fight for civil rights in the USA.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

Why did the US make it illegal to sell sliced bread during WWII?

Pre-sliced bread has only been with us for almost 100 years, but during the course of World War II it was briefly banned to save on supplies like wax paper and stainless steel for the war effort. This Atlas Obscura article explores this amusing (though not at the time) bit of food during wartime history.

Americans are historically more supportive of free speech than people in most other countries

A 2016 survey of 38 countries found that the US scored highest in support for free expression, with 71% of Americans saying people should be able to say what they want without government censorship, more than in any other nation surveyed.

The War Powers Act may have ironically given presidents more discretion to engage in hostilities, not less

In this wide-ranging podcast on Congress's power to declare war, scholar Gary Schmitt argues that the War Powers Act, ironically, gave presidents a legal framework for initiating hostilities, creating a 60-day window for unilateral action that hadn't existed before.

Franklin D. Roosevelt's 1941 speech framed World War II as a global fight for universal rights

Eleven months before the attack on Pearl Harbor, President Roosevelt outlined four fundamental freedoms that, in his words, people "everywhere in the world" ought to enjoy—speech, worship, freedom from want, and freedom from fear.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

Since World War II, formal declarations of war and peace treaties have become increasingly rare, replaced by cease-fires, authorizations of force, and "special military operations."

In the midst of the Civil War, Lincoln rapidly expanded presidential power

Abraham Lincoln suspended habeas corpus, expanded the army without congressional approval, and issued the Emancipation Proclamation—despite likely lacking authority to unilaterally alter national slave law. His actions set precedents for expanded presidential power in wartime.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

Presidents have often used military force without formal declarations of war

Although the Constitution grants Congress the power to declare war, American presidents have repeatedly ordered military action without formal declarations. These precedents have expanded executive authority in national security beyond what the framers likely envisioned.

The War on Terror used controversial tactics like torture and secret prisons

As part of its post-9/11 strategy, the US employed enhanced interrogation, extraordinary rendition, and secret CIA black sites—practices widely criticized as torture and violations of international law and human rights.

The president can deploy the military domestically with minimal oversight

The Insurrection Act of 1807 allows the president to send federal troops into American states during unrest or rebellion, even without a governor's consent. The modern use of the law grants broad discretion and limited congressional or judicial oversight.

Congress has formally declared war 11 times across five conflicts, the last in 1942

The five declared wars were the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II. Every major American military conflict since Korea, Vietnam, Iraq, and Afghanistan has been fought without a formal declaration.

Should the US have entered into World War I?

America entered World War I in 1917, but had remained neutral until that point. President Woodrow Wilson addressed Congress, further underlining the USA's neutrality. Eleven weeks later, he asked for a declaration of war. With attacks by German saboteurs on an American munitions depot, it seemed he had no choice. But did he? This article asks what might have happened if the US stayed out of WWI.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

A formal declaration of war automatically triggers hundreds of statutes granting the president sweeping domestic authority

Beyond authorizing military force abroad, a formal declaration activates a wide range of domestic powers, including authority over enemy property, trade restrictions, and emergency economic authority. It also waives the 60-day time limits under the War Powers Resolution.

Nixon argued that the War Powers Resolution unconstitutionally restricted his authority

In his veto message, Nixon argued that the resolution would dangerously curtail the president's ability to respond to international crises and that only a constitutional amendment could properly define the limits of executive war powers. Congress disagreed and overrode the veto.

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

The PATRIOT Act expanded government surveillance after 9/11

Signed into law weeks after the attacks, the PATRIOT Act granted federal agencies sweeping powers to monitor communications, access records, and conduct surveillance—sparking ongoing debates over privacy, civil liberties, and national security.

Comic books were a major part of American propaganda efforts during WWII

See how US comic books, alongside international counterparts, served as powerful wartime propaganda tools from 1941 to 1945—boosting morale, promoting war bonds, and demonizing Axis powers through the use of iconic heroes and patriotic messaging.

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

The Wrights’ patent battles delayed the development of aviation technology in the US

By the time World War I began in 1914, the US was lagging behind European powers in aviation. This stemmed primarily from wars over patents between the Wrights and competitor Glenn Curtiss. The pair argued their 1906 patent covered all mechanisms enabling lateral flight.

The Nixon administration tried and failed to stop the press from publishing the Pentagon Papers

In 1971, the Supreme Court ruled against the government's attempt to block The New York Times and The Washington Post from publishing classified documents on the Vietnam War, delivering a landmark victory for press freedom.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

See what it was like to live in the United States during World War II

In America, life was transformed by total war: sixteen million service members left civilian life, while massive industrial production demanded labor. Women, minorities, and teens filled factories, fueling boomtown growth and breaking social barriers. Simultaneously, rationing, recycling drives, Victory Gardens, ration stamps, blackout drills, and war bond campaigns permeated daily routines.

The 2001 Authorization for Use of Military Force has been used by five administrations to justify military operations in at least 22 countries.

Presidents from both parties have resisted the authority of the War Powers Act

Presidents from both parties have treated the War Powers Resolution as voluntary, framing compliance as seeking "support" rather than "permission." Courts have declined to rule on the law's constitutionality each time a related case was brought before them.

Tinker v. Des Moines affirmed that students maintain the right to free speech at school

In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.

Madison was America's first president during a formally declared war

During James Madison's presidency, Congress formally declared war on Britain in 1812 over its practice of seizing American sailors, trade restrictions, and repeated violations of US sovereignty—marking the first time a sitting American president led the nation through a declared war.

Women's role in society expanded during the war

With millions of men at war, women managed farms and businesses, served as nurses, and organized aid efforts—broadening women's participation in public life and laying the groundwork for future suffrage movements.

Dorothea Lange's photos of Japanese Americans interred in US concentration camps were censored.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

Propaganda became a key weapon in the US–Soviet Cold War

Both superpowers waged a global battle for hearts and minds through propaganda—using film, radio, art and education to promote their values. The US emphasized freedom and prosperity, while the USSR championed socialism and anti-imperialism.

Wartime conferences exposed cracks in the US–Soviet alliance

At the Tehran, Yalta and Potsdam Conferences, Allied leaders coordinated WWII strategy—but deep disagreements over postwar Europe foreshadowed the Cold War. The USSR’s push for influence in Eastern Europe clashed with US and British calls for self-determination.

The War Powers Act of 1973 was passed over Nixon's veto to limit the president's ability to wage war unilaterally

Passed in the aftermath of the Vietnam War, the War Powers Resolution requires the president to notify Congress within 48 hours of deploying forces and to end military operations within 60 days without congressional approval. Nixon vetoed the bill, arguing it was unconstitutional, but Congress overrode his veto.

Norman Rockwell's 'Freedom of Speech' has become an internet meme

The famous painting, which portrays a man in work clothes speaking up in a crowd of men in suits, has become a companion image for internet users posting unpopular or controversial opinions. (Some users may experience a paywall.)

In his 1859 annual message to Congress, President Buchanan articulated a narrow view of presidential military authority

Buchanan argued that the president lacked constitutional authority to launch offensive military action without congressional approval, a view that reflected the prevailing interpretation of executive war powers throughout much of the nineteenth century.

The FBI tracked Woody Guthrie's politics for years, amassing an enormous file that was only discovered many years after his death.

At the 1787 Constitutional Convention, Madison changed the draft language from Congress's power to "make" war to "declare" war

The change was deliberate: "make" war seemed to leave the president unable to defend the country against sudden attack, while "declare" preserved that defensive authority. The distinction between starting a war and responding to one has been debated ever since.

Hollywood helped fund American military activity by boosting bond sales

To help fund its WWI military activity, the US introduced Liberty Bonds—government-issued debt marketed directly to the public. Starting at $50, the campaign targeted working Americans and offered Thrift Stamps to make bond-buying more accessible. Hollywood led the charge, with stars like Charlie Chaplin and Mary Pickford boosting bond sales.