Free Speech and GWOT: Back to the Future?

Abstract

Abstract : The First Amendment to the United States Constitution provides that Congress shall make no law abridging the freedom of speech. . Although the language of that provision may seem clear, the history of the United States is replete with examples of restrictions upon free speech, particularly during times of national crisis. This paper examines the reasons for protecting speech as well as the reasons allowing limitations. It also examines the historical limitations placed upon free speech during times of national crisis and the response of the courts to those restrictions. Next, this paper explains the current state of constitutional law as it relates to First Amendment restrictions and applies that law to Osama bin Laden's fatwa against the United States. Finally, this paper argues and concludes that the current law is inadequate to protect the United States, given the Global War on Terrorism, and suggests a return to a prior standard that protects free speech to the maximum extent possible, consistent with the needs of national security.