A recently released Justice Department memo, written by John Yoo and dated Oct. 23, 2001, argues that First Amendment speech and press rights may be “subordinated to the overriding need to wage war successfully.”
The “current campaign against terrorism,” he concluded, “may require even broader exercises of federal power domestically.” The memo is devoted primarily to the president’s ability to use armed forces against terrorists within the United States, largely free of the constraints of the Fourth Amendment. It did not explore how military needs might override the First Amendment. What actions did the Bush administration contemplate?
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