Chapter 13.3 Freedom of Speech 1st amendment of the U.S. Constitution “Congress should make no law…prohibiting the free exercise of…free speech” What exactly does this mean?

Let’s go back in time….to 1579 John Stubbs Newspaper writer in England. Wrote an article criticizing Queen Elizabeth’s proposed marriage to Philip II of Spain. Queen Elizabeth was very unhappy…. What could she do?

Off with his hand…. Why his hand? So that he could not write another mean thing about the Queen for as long as he lived. Why do I bring this up? 1798 POTUS John Adams used this example to explain why the alien and sedition acts were necessary! Made it illegal in U.S. to say anything “false, scandalous, and malicious against the federal government”. Expired in 1801 under POTUS T.Jefferson

So the debate continues… When do we have the freedom of speech? All of the time!!!! Except when it comes to national security. Why? Constitution gives federal government right “to protect against foreign powers and domestic threats.

Types of domestic threats against government Treason Act of aiding and comforting an enemy in a time of war!!! What is the penalty for treason? Death!!!

Is this treason? Benedict Arnold During American Revolution Was General in American militia Was actually a spy for Britain!!

Is this treason? Civil War (1861-1865) The Confederate States (“The South”) rebelled against “The North’s government”. What do you do with the rebels after the North wins? Does Abe Lincoln accuse them of treason??

World War I (1917-1919) Schenk v U.S. Congress passes sedition acts Denying the right to use any language that encourages people to rebel against lawful government. Why did they pass this? Afraid immigrant citizens might rebel in U.S. German Americans Austrian Americans Hungarian Americans Schenk v U.S.

Effects of Sedition Acts during WWI 1,900 people arrested in over 32 states! 100 newspapers were shut down for sedition! You can not actively speak of overthrowing the government!!! IT IS SEDITIOUS!! Yates v. U.S.

End of Sedition Acts End after WWI Question: Is that the last time the government has limited our “free speech”?

Vietnam? U.S. v. O’Brien Tinker v. Des Moines

9/11 –Patriot Act Patriot Act (2001) increases the ability of law enforcement agencies to: search telephone e-mail communications medical, financial, and other records

What are we protected against? Libel Written statements or visual presentations that harms another’s character for no reason. Slander Verbal defamation You say something mean to embarrass or hurt someone else without any facts to support your statements. What or who is sued the most for libel and slander? Newspapers and political activists

What else are we protected against? Hate speech Expressions of hate based on characteristics such as Race Sex Religion

What else is protected? Symbolic speech Texas v. Johnson An action meant to deliver a message Flag burning T-shirt slogans Works of art Sit –ins Music lyrics Texas v. Johnson U.S. v. Eichman