The First Amendment during this war

[Volokh, Eugene]

	I should say, by the way, that the Bush Administration's failure
to seek an injunction barring the New York Times from publishing its
story fits comfortably with the relative paucity of governmental speech
restrictions since Sept. 11, 2001.  I've tried to track this quite
closely, and the lack of such restrictions has been quite striking.
There've been a few prosecutions (at the federal and state level put
together) that I think are improper; a very few attempts by public
universities to restrict faculty for their speech; some possible First
Amendment right of access violations (the closing of immigration
hearings comes to mind, though I stress the "possible," since it's far
from settled that there is such a right of access); but really very
little.  I hope that it's a sign that conservatives have internalized
free speech values, or at least that there's enough support for free
speech in many circles (at least elite circles) that government
officials suspect that speech restrictions are likely to be rejected.

	Eugene