Judicial Ideology Under Constraint: Wartime Effects on Free Speech Decisions

Author: Christine Jiang

Field of Study: Political Science

Program Affiliation: Source Project Research Program

Faculty Mentors: Wendy Martinek

Easel: 18

Timeslot: Midday

Abstract: Why is there variation in how free speech cases are decided by the Supreme Court of the United States? Existing scholarship offers competing explanations for how justices decide based on their personal ideology or wartime context. While judicial ideology generally explains variations in whether justices vote to expand or restrict free speech, its influence may diminish during wartime when heightened national security concerns constrain judicial behavior. Using the free speech cases decided between the Cold War and the present (1947-2026), this study uses data from the U.S. Supreme Court Database to evaluate the relative influence of attitudes and wartime context on judicial behavior. The findings are expected to show that justices generally vote in accordance with their ideological predispositions, except during wartime. This challenges the attitudinal model by demonstrating how external crises can change the typical patterns of ideological voting.