As many jurists and scholars have noted, the United States has a long-standing history of encroaching upon the civil liberties of its citizens, especially during times of war or conflict.2 For instance, during the Civil War, President Lincoln unilaterally suspended the writ of habeas corpus in response to increased violence and the threat of Southern succession.3 During World War I, Postmaster General Albert Burleson used the Espionage Act to suspend mailing privileges for certain “non-mailable” materials, such as newspapers and other dissident publications critical of the war effort.4
Doe v. Ashcroft and Its Place in the Judicial Trend: How the Courts Have Advanced Civil Liberties in Step with Advances in Technology