Evening star., 1941-12-26
Domestic Censorship
Called Voluntary
Writer Tells How Freedom
Of Expression Survives in U.S..
Even in Time Of War
By Bertranl Benedict.

By Bertranl Benedict.
The situation as to censorship at the
present time may be thus stated in a
nut shell: Cd The Government has d.
rect and positive power to censor all
forms Of communication with foreign
lands. CD Within the United States any
censorship put into effect is voluntary.
Thus 90 any one may publish or utter
what he pleases within the United States,
but must be prepared to suffer the con-
sequences If what he publishes or utters
runs foul OF the various anti-sedition
laws on the statute books.
The First War Powers Act Of 194l,
signed by the President on Thursday,
December 18, gives the President broad
powers to censor wholly or partly, under
such rules and regulations as he may
establish, communications by mail, ca
BILE, radio, or other means OF trans
mission" with any foreign country which
the President may specify" The coverage
includes anything carried by q vessel
touching United States port and bound
to or from any foreign country, also any
dtleIupG W cNduc tllC SCiiooi oiip W ooN
of a code. Violation entails fine up
to $4,000 or Imprisonment up to 10
years, or both.
This provision is similar to provision,
effective during the last war in the
Trading with the Enemy Act of october
6, 1917. In fact, it is now enacted as
an amendment of the 1917 act.
During the last war President Wilson
asked Congress for full powers Of censor
ship in war time. Two days after the
United States severed diplomatic rela-
tions with Germany, an administration
bill presented to Congress would have
subjected to imprisonment up to life any
one who in war should publish certain
broad types of military information with
out legal authority, or statements likely
to interfere with the success Of the
United States. The Senate passed the
bill the House took no action.
After the United States entered the
war, another bill supported by President
Wilson proposed to give the President
power in time Of war to prohibit the
publication OF any information on the
national defense likely in the Presidents
judgment, to be useful to the enemy
The press was almost unanimous in de-
ploring this provision and the Hearst
papers collected a million and half sig
natures to a petition against 1t. The
House deleted the censorship section by
Slightly less than a 3-to-2 vote. 1t
was restored by the Senate. but the
House stood firm, and the domestic
censorship in force during World War I
was voluntary. The voluntary censor
ship system operated through the Com
mittee on Public Information, OF which
George Creel was chairman. and Of which
the central function was publicity rather
than censorship.
The Espionage Act of 1917 is now in
force. The Senate voted in 1880 to repeal
1t, but the House took no action. How
ever, the drastic amendment Of 1918,
sometimes called the Sedition Act, was
repealed in 1921.
The Espionage Act forbids in time Of
| war the wilful promulgation of false
statements to interfere with the success
| Of the United States, also wilful attempts
to cause refusal of duty by the armed
| forces. Any letter or publication violat-
ing this provision is barred from the
mails, as is matter advocating treason
Second-class mail privileges may be
denied to any newspaper found after
trial to have systematically published
false statements calculated to interfere
with military success.
Treason against the United States is
| the only crime defined in the Constitu-
| ton, which limits it to levying wal
against the Nation or in adhering to Its
enemies, giving them aid and comfort
Misprision of treason consists of conceal
ing from the authorities knowledge Of
| treason.