FREEDOM OF SPEECH
• A look at the
First
Amendment:
• Security vs. Liberty
Can anyone name the
rights given to us by the
1st Amendment?
THE FIRST AMENDMENT
• “Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a redress
of grievances.” 1A
https://www.youtube.com/watch?
v=blVrqO5Ot5A
FIRST AMENDMENT
• The first amendment contains no qualifiers.
• It is apparently an absolute.
• The Founding Fathers wished, in particular, to
protect the expression of political speech.
• In a society where the government derives its
power from the people, an informed and
engaged citizenry is essential. (quote 11)
LIMITATIONS ON SPEECH
• There have been times in
U.S. history when the
federal government has
limited freedom of
speech.
• In wartime, particularly,
the government has
placed limits on what it
has called “sedition” or
speech that incites
disloyalty or hatred of the
government.(quote 5)
LIMITATIONS ON FREE SPEECH
• CLEAR AND PRESENT DANGER:
• 1st Amendment does not protect speech that
“creates a clear and present danger that will
bring about the evils that the government has
the right to prevent” (Supreme Court 1919)
• When can free speech present a clear and
present danger? To the government? To
individuals?
FIGHTING WORDS OR WORDS LIKELY
TO CAUSE A BREACH OF THE PEACE
• 1A does not protect words or expressions
which are considered provocative by general
consent.
• Ex. Hateful speech, “fighting words”—words
by which their very utterance inflict injury”
and by which there are no essential part of
any exposition of ideas”
• Does the school have any rules like this that
are limitations on free speech?
LIBEL AND SLANDER
• 1A does not protect speech that constitutes
dishonesty intended to defame or damage the
reputation of a person or an organization.
• Libel---written
• Slander---spoken
• Both false statements that are injurious to a
person’s reputation.
Keira Knightley’s ______ Case
The Daily Mail published
accusations that
Knightley had an eating
disorder and had been
responsible for the death
of a young lady with
anorexia. The actress
went to court and was
awarded several
thousand dollars which
she handed over to a
Obscenity
• 1A does not protect speech that is obscene.
• 1973: Supreme Court decided 3 Q’s to consider
obscene:
• 1. Does it appeal to lewd interests?
• 2. Does it depict or describe sexual conduct in a
patently offensive way?
• 3. Does the work taken as a whole lack serious
literary, artistic, political, or scientific value?
• Do you, your parents, your friends all agree on
what is obscene and what is not?
Conflict with other Legitimate Social or
Governmental Interests
• 1A does not protect speech that conflicts with
other compelling interests.
• For example—national security
• What are some examples of compelling
interests?
• Who should decide when a compelling
interest merits limiting free speech?
SEDITION ACT OF 1798
•
•
•
•
•
Passed by President John Adams(a
Federalist)
Purpose: to silence Republican
critics of Adam’s administration
and to quiet support for the
French in their war with England.
24 editors, writers, and others
were arrested, and 10 convicted
under the Sedition Act.
U.S. was able to remain out of the
war b/w France and England.
(quote 1)
The law expired in 1801. (quote
10)
SEDITION ACT OF 1918 and
ESPIONAGE ACT OF 1917
*Targeted those who interfered with
the draft as well as those
individuals who publicly criticized
the government including
negative comments about the
flag, military, or
Constitution.(quote 15)
*encouraged people to spy and
report on those that may be
“disloyal”.
*More than 2000 people were
prosecuted under the Sedition Act
of 1918; though many were
pardoned or had their sentences
reduced.
Espionage Act and Sedition Acts were
repealed in 1921 (quote 22)
SEDITION ACT OF 1918 (amending the
Espionage Act of 1917)
•
SECTION 3. Whoever, when the United States is at war, shall willfully make or
convey false reports or false statements with intent to interfere with the operation
or success of the military or naval forces of the United States, or to promote the
success of its enemies, or shall willfully make or convey false reports, or false
statements, . . . or incite insubordination, disloyalty, mutiny, or refusal of duty, in the
military or naval forces of the United States, or shall willfully obstruct . . . the
recruiting or enlistment service of the United States, or . . . shall willfully utter, print,
write, or publish any disloyal, profane, scurrilous, or abusive language about the
form of government of the United States, or the Constitution of the United States, or
the military or naval forces of the United States . . . or shall willfully display the flag
of any foreign enemy, or shall willfully . . . urge, incite, or advocate any curtailment
of production . . . or advocate, teach, defend, or suggest the doing of any of the acts
or things in this section enumerated and whoever shall by word or act support or
favor the cause of any country with which the United States is at war or by word or
act oppose the cause of the United States therein, shall be punished by a fine of not
more than $10,000 or imprisonment for not more than twenty years, or both....
SCHENCK V. UNITED STATES (1919)
• Schenck, general secretary of the Socialist
Party, arranged for the printing of 15,000
copies of a pamphlet opposing conscription
and U.S. involvement in World War I. Some
copies had been sent to men who were listed
in the paper as being enlisted.
• Convicted of trying to obstruct the draft.
The court’s opinion
“The most stringent protection of free speech would not
protect a man in falsely shouting fire in a theatre and causing
a panic… The question in every case is whether the words are
used in such circumstances and are of such a nature as to
create a clear and present danger that they will bring about
the substantive evils that Congress has a right to prevent. It is
a question of proximity and degree. When a nation is at war,
many things that might be said in a time of peace are such
hindrance to its effort that their utterance will not be
endured so long as men fight, and that no Court could regard
them as protected by any Constitutional right.”
-Justice Oliver Wendell Holmes
When does Holmes think
the government can
restrict free speech?
Schenck, con’t
• According to Oliver Wendell Holmes, the chief
concern is whether the pamphlet can be
protected under the circumstances.
• Said that 1A may protect this speech in
ordinary times but when there is a “clear and
present” danger the speech will cause harm.
• Example: shouting “fire” in a crowded
restaurant.
OTHERS THAT WERE PROSECUTED
• Jacob Abrams-- wrote pamphlets denouncing
war and criticized the decision to fight
communist forces in Russia.
• Socialist Rose Pastor Stokes—sent a letter to
Kansas City Star stating that “ no government
which is for the profiteers, can also be for the
people, I am for the people”—sentenced to 10
years. (later reversed)
• Eugene Debs—served jail time for telling
followers to “resist militarism, wherever
found”.