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Additional resources for War and Press Freedom: The Problem of Prerogative Power

Example text

88 Nothing about presidential powers in the Constitution suggests any authority over reporting on military affairs, and, indeed, the Constitution would probably not have been ratified if the chief executive had been given authority expansive enough to reach the press. Federalists assured suspicious Americans that the Constitution had managed i8 Intentions and Interpretations to provide sufficient executive powers while limiting presidential discretion. "89 The president, the Constitution says, "shall take care that the laws be faithfully executed" (Article z), a role of implementing and enforcing laws.

135 Stories were delayed or distorted in a "security review" process that was used to prevent embarrassments rather than preserve lives. Navy officers, for instance, cut references to pilots watching pornographic films before missions. 136 Letting the armed forces choose what can be known and said about war invites the kind of blunders and abuses the First Amendment was written to prevent. Battlefield censorship and access denial can be used to cover up military mistakes that are in need of attention.

The Court unanimously upheld the conviction of a United States citizen of Japanese ancestry who had been found guilty of violating the military curfew. The opinion by Chief Justice Harlan F. Stone regarded the curfew as a public safety measure within the power of the president and Congress and as a reasonable response to an apparent threat of actions that would substantially affect the war effort. "If it was an appropriate exercise of the war power its validity is not impaired because it has restricted the citizen's liberty," the opinion said.

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