Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
CENSORSHIP AND OTHER RESTRICTIONS
Thus far we have surveyed the discretionary power granted government
agencies, consistently with national defense to withhold information
from the public, the courts or the legislature, and those powers
accorded the executive branch to regulate or conditionally promote
propaganda activities of foreign nations. The following section
pertaining to censorship and other restrictions may be differentiated
from the foregoing as follows. Whereas the first section dealt with
government agencies as custodians of information, here we are concerned
with limitations imposed upon the efforts of individuals and groups to
secure information or to disseminate specified kinds of information
which they may possess.
The relevant statutes are reviewed under three headings. Certain
statutes prohibit the acquisition or attempted acquisition of specified
types of defense data. Others prohibit the dissemination of specified
kinds of information, or the communication of prescribed opinions. A
third group of statutes reflect the disposition of Congress to empower
the government to review and edit personal communications media.
_Illegal Acquisition of Defense Information_: In January 1938 the
President was authorized to define certain vital military and naval
installations or equipment requiring protection against the general
dissemination of information about them. It became unlawful thereafter
to make any photograph, sketch, picture, drawing, map, or graphical
representation of these vital military and naval installations or
equipment without first obtaining the permission of the commanding
officer of the installation concerned. If permission were granted to
anyone seeking information, it was necessary to submit to censorship
whatever information had been obtained.[484]
_Dissemination of Information and Proscribed Opinions_: The same 1938
statute also made it illegal to reproduce, publish, sell, or give
away data without first obtaining official permission.[485] The Alien
Registration Act of 1940 proscribed the advocacy of certain opinions.
It is 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 by seeking 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. And it is unlawful for any person to distribute any written
or printed matter which advises, counsels, or urges insubordination,
disloyalty or mutiny.[486] This Act also makes it unlawful to knowingly
or willfully seek the overthrow of any government in the United States
by direct or indirect action. Equally proscribed is any effort which
has as its goal the assassination of any governmental official.[487]
Conspiracy to commit any of the acts enumerated in the statute is also
unlawful.[488]
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