notwithstanding clause

[Kuciwalker]

The government censored newspapers outside of wartime too. Blame complicit courts not enforcing the 1st Amendment. Nowadays that wouldn't fly.

[Kuciwalker]

The courts have ruled that Congress and the President implicitly have some additional powers during wartime, but IIRC nothing touching on fundamental freedoms. More to do with regulation of labor, industry, etc. for the war effort.

[Imran Siddiqui]

Originally posted by Kuciwalker
The government censored newspapers outside of wartime too. Blame complicit courts not enforcing the 1st Amendment. Nowadays that wouldn't fly.

To be fair, it would have probably been fairly foolish to enforce the 1st Amendment during Lincoln's administration. He just would have ignored it and the Court would have just looked utterly powerless (having an effect after the war was concluded).