The most famous episode of censorship came with the government's relentless campaign against the Masses, the radical literary journal edited by Max Eastman. The postmaster general revoked the magazine's right to be distributed via the mails under the Espionage Act. Specifically, the government charged the magazine with trying to hamper military recruitment. Among the "illegal" contents: a cartoon proclaiming this was a war to make the world "safe for capitalism" and an editorial by Eastman praising the courage of draft resisters. Six editors faced trial in New York but managed to "win" hung juries (jurors and lawyers commented afterward that the defendants would almost certainly have been found guilty if any of them had been German or Jewish).
Of course, the "chilling effect" on the press in general was far more useful than the closures. Many of the journals that were shut down had tiny readerships. But the threat of being put out of business did wonders in focusing the minds of other editors. If the power of example wasn't strong enough, editors received a threatening letter. If that didn't work, they could lose their mail privileges "temporarily." Over four hundred publications had been denied privileges by May 1918. The Nation had been suppressed for criticizing Samuel Gompers. The journal Public had been smacked for suggesting that the war should be paid for by taxes rather than loans, and the Freeman's Journal and Catholic Register for reprinting Thomas Jefferson's views that Ireland should be a republic. Even the pro-war New Republic wasn't safe. It was twice warned that it would be banned from the mails if it continued to run the National Civil Liberties Bureau's ads asking for donations and volunteers.
Then there was the inevitable progressive crackdown on individual civil liberties. Today's liberals tend to complain about the McCarthy period as if it were the darkest moment in American history after slavery. It's true: under McCarthyism a few Hollywood writers who'd supported Stalin and then lied about it lost their jobs in the 1950s. Others were unfairly intimidated. But nothing that happened under the mad reign of Joe McCarthy remotely compares with what Wilson and his fellow progressives foisted on America. Under the Espionage Act of June 1917 and the Sedition Act of May 1918, any criticism of the government, even in your own home, could earn you a prison sentence (a law Oliver Wendell Holmes upheld years after the war, arguing that such speech could be banned if it posed a "clear and present danger"). In Wisconsin a state official got two and a half years for criticizing a Red Cross fund-raising drive. A Hollywood producer received a ten-year stint in jail for making a film that depicted British troops committing atrocities during the American Revolution. One man was brought to trial for explaining in his own home why he didn't want to buy Liberty Bonds.64
No police state deserves the name without an ample supply of police. The Department of Justice arrested tens of thousands without just cause. The Wilson administration issued a letter for U.S. attorneys and marshals saying, "No German enemy in this country, who has not hitherto been implicated in plots against the interests of the United States, need have any fear of action by the Department of Justice so long as he observes the following warning: Obey the law; keep your mouth shut."65 This blunt language might be forgivable except for the government's dismayingly broad definition of what defined a "German enemy."
The Justice Department created its own quasi-official fascisti, known as the American Protective League, or APL. They were given badges — many of which read "Secret Service" — and charged with keeping an eye on their neighbors, co-workers, and friends. Used as private eyes by overzealous prosecutors in thousands of cases, they were furnished with ample government resources. The APL had an intelligence division, in which members were bound by oath not to reveal they were secret policemen. Members of the APL read their neighbors' mail and listened in on their phones with government approval. In Rockford, Illinois, the army asked the APL to help extract confessions from black soldiers accused of assaulting white women. The APL's American Vigilante Patrol cracked down on "seditious street oratory." One of its most important functions was to serve as head crackers against "slackers" who avoided conscription. In New York City, in September 1918, the APL launched its biggest slacker raid, rounding up fifty thousand men. Two-thirds were later found to be innocent of all charges. Nevertheless, the Justice Department approved. The assistant attorney general noted, with great satisfaction, that America had never been more effectively policed. In 1917 the APL had branches in nearly six hundred cities and towns with a membership approaching a hundred thousand. By the following year, it had exceeded a quarter of a million.66
One of the only things the layman still remembers about this period is a vague sense that something bad called the Palmer Raids occurred — a series of unconstitutional crackdowns, approved by Wilson, of "subversive" groups and individuals. What is usually ignored is that the raids were immensely popular, particularly with the middle-class base of the Democratic Party. Attorney General A. Mitchell Palmer was a canny progressive who defeated the Republican machine in Pennsylvania by forming a tight bond with labor. He had hoped to ride the popularity of the raids straight into the Oval Office, and might have succeeded had he not been sidelined by a heart attack.
It's also necessary to note that the American Legion was born under inauspicious circumstances during the hysteria of World War I in 1919. Although it is today a fine organization with a proud history, one cannot ignore the fact that it was founded as an essentially fascist organization. In 1923 the national commander of the legion declared, "If ever needed, the American Legion stands ready to protect our country's institutions and ideals as the fascisti dealt with the destructionists who menaced Italy."67 FDR would later try to use the legion as a newfangled American Protective League to spy on domestic dissidents and harass potential foreign agents.
Vigilantism was often encouraged and rarely dissuaded under Wilson's 100 percent Americanism. How could it be otherwise, given Wilson's own warnings about the enemy within? In 1915, in his third annual message to Congress, he declared, "The gravest threats against our national peace and safety have been uttered within our own borders. There are citizens of the United States, I blush to admit, born under other flags...who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and good name of our Government into contempt, to destroy our industries wherever they thought it effective for their vindictive purposes to strike at them, and to debase our politics to the uses of foreign intrigue." Four years later the president was still convinced that perhaps America's greatest threat came from "hyphenated" Americans. "I cannot say too often — any man who carries a hyphen about with him carries a dagger that he is ready to plunge into the vitals of this Republic whenever he gets ready. If I can catch any man with a hyphen in this great contest I will know that I have got an enemy of the Republic."68
This was the America Woodrow Wilson and his allies sought. And they got what they wanted. In 1919, at a Victory Loan pageant, a man refused to stand for the national anthem. When "The Star-Spangled Banner" ended, a furious sailor shot the "disloyal" man three times in the back. When the man fell, the Washington Post reported, "the crowd burst into cheering and handclapping." Another man who refused to rise for the national anthem at a baseball game was beaten by the fans in the bleachers. In February 1919 a jury in Hammond, Indiana, took two minutes to acquit a man who had murdered an immigrant for yelling, "To Hell with the United States." In 1920 a salesman at a clothing store in Waterbury, Connecticut, received a six-month prison sentence for referring to Lenin as "one of the brainiest" leaders in the world. Mrs. Rose Pastor Stokes was arrested, tried, and convicted for telling a women's group, "I am for the people, and the government is for the profiteers." The Republican antiwar progressive Robert La Follette spent a year fighting an effort to have him expelled from the Senate for disloyalty because he'd given a speech opposing the war to the Non-Partisan League. The Providence Journal carried a banner — every day! — warning readers that any German or Austrian "unless known by years of association should be treated as a spy." The Illinois Bar Association ruled that members who defended draft resisters were not only "unprofessional" but "unpatriotic."69