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Historical Narrative
During the Civil War, individual rights to expression as well as the freedom of the press were limited in the name of national security. The Chicago Times newspaper, which printed articles criticizing the War and urging soldiers to desert, was shut down temporarily by General Ambrose Burnside. Soon after, President Abraham Lincoln ordered the suppression order against it lifted.
Expressing views critical of the government during the War Between the States had not been made expressly illegal. Lincoln did not favor a new sedition act—a law that would have been like the Sedition Act of 1798 which made it a crime to criticize the government. On the other hand, Lincoln was frustrated by his inability to legally punish people who encouraged soldiers to desert. He asked, “Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to desert?”
Though there was no federal law banning seditious speech (speech causing disloyalty), Congress authorized the President in 1861 to seize people’s property if that property was “to be used or employed, in aiding, abetting, or promoting…insurrection or resistance to the laws.” Printing presses became subject to this law. Some newspapers, including the Chicago Times, had editorial positions opposed to the Civil War. The Times ran articles encouraging soldiers to desert. General Ambrose Burnside issued “General Order N. 84” in 1863, which declared, “On account of the repeated expression of disloyal and incendiary sentiments, the publication of the newspaper known as the Chicago Times is hereby suppressed.”
President Lincoln disapproved of the suppression order and had it revoked; the Times was shut down for only a day. But he expressed doubts about his decision to revoke the order the next year, writing, “I can only say I was embarrassed with the question between what was due to the military service on the one hand, and the liberty of the press on the other…I am far from certain today that the revocation was not right…”
Other individuals were arrested and additional newspapers shut down during this period. It is no surprise that Lincoln himself wrestled with the question the constitutionality of his actions, as historians have continued to do since the Civil War.
Comprehension and Discussion Questions
- How does the First Amendment protect press freedom?
- What did Congress authorize the President to do in 1861?
- Why was the Times ordered to shut down, and how did President Lincoln react?
- Do you believe Burnside’s orders were constitutional?
- Should there be limits on the liberty of the press during wartime? If so, who should define them, and how should they be enforced?
Extensions
A. Have students explore primary sources related to the suppression of the press during the Civil War. Have students select a document and answer the following questions in a short essay or oral report:
- Who wrote this document?
- When was this document written?
- What was the purpose of this document?
- How did the First Amendment apply to this document?
Documents available at:
http://lincolnconstitution.lincolnarchives.us/lincoln_constitution_baltimoreexchange.htm
B. Have students research the Supreme Court case Schenck v. United States (1919) in which an individual distributed leaflets urging people to resist the World War I draft. Then have them answer the following questions:
- How did the facts in Schenck compare to the situation of the Times in 1863?
- Based on the ruling in Schenck, did the Times have the absolute right to publish?
- Do you agree with the Court’s ruling?
Schenck v. United States (1919)
http://citizenbee.org/user/StudentGuide.aspx?id=697
Answers
- The First Amendment contains a prohibition against federal restrictions on the press: “Congress shall make no law…abridging the freedom … of the press…”
- Congress authorized the President in 1861 to seize people’s property if that property was “to be used or employed, in aiding, abetting, or promoting…insurrection or resistance to the laws.”
- The Times was ordered to shut down for publishing what General Burnside called “the repeated expression of disloyal and incendiary sentiments.” Lincoln revoked the shut down order.
- Answers will vary. Some students may say that the shut down was constitutional. In a time of war, printing articles encouraging soldiers to desert would be tantamount to treason—giving aid and comfort to the enemy. Others may say that the shut down order was an unconstitutional violation of the First Amendment, and the freedom of the press should not be limited even during wartime. In a free society dedicated to self-government, it is essential that citizens can express their views.
- Answers will vary.
