When The Government Declared War On The First Amendment

When The Government Declared War On The First Amendment 

- Damon Root

ONE HUNDRED YEARS ago, the U.S. government declared war on the First Amendment.

It all started with President Woodrow Wilson. On April 2, 1917, Wilson urged the nation into battle against Germany in order to “make the world safe for democracy.” But the president also set his sights on certain enemies located much closer to home. “Millions of men and women of German birth and native sympathy...live among us,” Wilson observed. “If there should be disloyalty, it will be dealt with with a firm hand of repression.”

That firm hand came in the form of the Espionage Act, which Congress passed in June 1917 and Wilson eagerly signed into law. Among other things, the act made it illegal to “convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies.” That sweeping language effectively criminalized most forms of anti-war speech. If convicted of obstructing the war effort, the guilty party faced up to $10,000 in fines and up to 20 years in prison.