Essay: Restrictions on Civil Liberties in the USA During Wartime

This essay explores the restrictions on civil liberties in the United States during wartime, emphasizing the delicate balance between national security and individual freedoms. It examines how events like World War I, World War II, and the post-9/11 era have led to limitations on rights such as freedom of speech and the right to a fair trial. The essay discusses key legal cases, including Schenck v. United States and Korematsu v. United States, to illustrate the Supreme Court's interpretations and the government's actions in restricting civil liberties. Furthermore, the essay analyzes the impact of legislation like the Espionage Act and the US Patriot Act, and their effects on individual rights. The essay argues that while restrictions on civil liberties are sometimes necessary for the protection of the general population during wartime, they must be carefully considered to avoid infringing on fundamental rights.

Running Head: Civil Liberties
CIVIL LIBERTIES IN USA
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Civil Liberties
Individual liberty is the base of democratic society. It can be termed as the rights of an
individual for liberty, life and living happy and dignified life. These things are to be ensured
by the government that these rights are neither restricted nor they are destroyed (Individual
Liberty).There are some circumstances in which these rights can be restricted like wartime.
These rights are to be restricted s that there is no harm to the public. During the wartime,
anything said or done contrary to the law can lead to severe consequences. In America, the
civil liberties of the citizens were restricted during wartime like World War I, Civil War and
World War II. During the national crises, there are restrictions on freedom of speech, right of
equal protection of law and right to fair trial
Just when the World War I was declared, the US banned sending of mails which was to
perform treason or insurrection. Espionage Act was framed which included the fine of 10,000
dollars and 10 years of imprisonment for publishing any information which can be used by
the enemy against the US in the war. This lead to famous case of civil liberties: Charles
Schenck v. The United States of America, in which the Supreme Court gave its judgment to
confirm the conviction for leaflets printing which was asking people to go against the draft
with clear majority. The court stated that during the wartime, many things that are said or
published during peace can lead to disturbing the maintaining of peace and constitutional law
will not protect these things (Mccullagh).
During World War II, Koremstsu v. United States case came up to the court. When the
Japanese military attacked Pearl Harbour and in retaliation the government of US came up
with the idea to move Japanese-American people into relocation camps. The reason given by
the government was national security. In 1942, the then President Franklin Roosevelt gave
his assent on Executive Order 9066. A citizen who was Japanese-American opted to stay at
his home and refuse the order of relocation. Korematsu was then arrested on the charges of
violating the order.
During the wartime, there are several things to be done for the benefits of the majority of the
people. Most of the time, freedom of speech is suffered during wartime. The speech should
be restricted during the wartime otherwise it can lead to more conflicts. As the court said in
Schenck’s case that government has power to restrict the speech more in wartime than in
peacetime. The government can prohibit the uttering, jotting down of every kind of language
whether positive or negative that can lead towards contempt during peacetime. The
government has right to restrict people if they lead to threat of the country. The government

Civil Liberties
forced more than 1,00,000 Japanese- American people in the concentration camps. The attack
was on the eastern coast so all the people were forced in to the concentration camos in
western coast of the country. During the evacuation, there was no racial discrimination but it
was for the betterment of the country. Restrictions on civil liberties is compulsory during the
war time. During the Vietnam War, there was restriction on freedom of speech on various
occasions. Juliann Bond, a civil right leader and a member of Georgia state, was heavily
criticised by the supreme court because he was against the Vietnam War.
After attacks of September, 2001, the law was formed and named as US Patriot Act.
Numerous sections of the Patriot Act impacted freedoms provided in the First Amendment in
a basic way. Section 215 authorised government officials to read library records, business
transactions, ISP’s logs, health-care records and other private documents without their
consent. Due to this several petitions were filed to challenge Section 215 on the First
Amendment.
There is long American history that provides that freedom of speech being suffered most
during wartime. The reasonable push for safety and order has resulted in extra efforts at
branding society who dissent as disloyal. The restrictions of civil liberties are still applied.
Individual liberties should be restricted to protect the rights of general population. The
government is for the people so it the duty of the government to protect its people during
wartime. If these liberties are not restricted then it could lead to threat to the security of the
country. The time during the war is very critical and sensitive and anything spoken or done
can lead to the destruction at vast level. To protect the majority of the people the restriction
on civil liberties is valid and legal.

Civil Liberties
Bibliography
Individual Liberty. 2019. 28 May 2019 <https://www.law4congress.com/issues/individual-
liberty>.
Mccullagh, Declan. WHY LIBERTY SUFFERS IN WARTIME. 9 September 2001. 28 May
2019 <https://www.wired.com/2001/09/why-liberty-suffers-in-wartime/>.