The Ambivalence of Francis Biddle

Abstract

This chapter traces the evolution of the Espionage Act during World War II from the perspective of attorney general and civil libertarian Francis Biddle. Biddle struggles to stave off Hoover's efforts to use the act to intimidate the Black press, and Roosevelt's desire to deploy the law against a newspaper perceived as a political enemy. Hoover, who targeted Black publishers during World War I, insists again on using the act to criminalize protest against racism. Biddle is forced into painful negotiations with John Sengstacke, publisher of the Chicago Defender. FDR also targets his archnemesis, Robert McCormick, publisher of the Chicago Tribune, for the publication of a military secret. These efforts set the stage for the act's increased use in the future.