RIGHTS IN WARTIME WEIGHING CIVIL LIBERTY AGAINST NATIONAL SECURITY

Civil liberties The freedoms and rights people enjoy as citizens of a free country The freedoms and rights people enjoy as citizens of a free country The Bill of Rights clearly spells out those rights The Bill of Rights clearly spells out those rights

The 1 st Amendment Congress shall make no law respecting [concerning] an establishment of religion, or prohibiting the free exercise thereof; or abridging [limiting] 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 [remedy] of grievances [complaints]. Congress shall make no law respecting [concerning] an establishment of religion, or prohibiting the free exercise thereof; or abridging [limiting] 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 [remedy] of grievances [complaints].

Thomas Jefferson The definition of free speech and press is the right of Americans to think freely and to speak and write what they think.The definition of free speech and press is the right of Americans to think freely and to speak and write what they think. —President Thomas Jefferson, in his 1801 inaugural address—President Thomas Jefferson, in his 1801 inaugural address

Ponder this… Do you think the right to free speech should be absolute? In other words, no restrictions? Do you think the right to free speech should be absolute? In other words, no restrictions? What circumstances, if any, might justify the government in placing limits on freedom of press or speech? What circumstances, if any, might justify the government in placing limits on freedom of press or speech?

Espionage & sedition espionage = spying espionage = spying sedition = inciting discontent or rebellion against a government sedition = inciting discontent or rebellion against a government

What speech? Who should have freedom of speech? Should it apply only to those who voice opinions most people agree with? Or, should it be for everyone, even for those who hold opinions that most Americans hate? Who should have freedom of speech? Should it apply only to those who voice opinions most people agree with? Or, should it be for everyone, even for those who hold opinions that most Americans hate?

When? What does freedom of speech really mean? Does it mean that someone should be able to say whatever he or she wants at any time or place? Or, should speech sometimes be limited by law? What does freedom of speech really mean? Does it mean that someone should be able to say whatever he or she wants at any time or place? Or, should speech sometimes be limited by law?

Woodrow wilson I urge you to enact such laws [that] do nothing less than save the honor and self-respect of the nation. Such creatures of passion, disloyalty, and anarchy must be crushed out. For what we are seeking now, what in my mind is the single thought of this message, is national efficiency and security.” I urge you to enact such laws [that] do nothing less than save the honor and self-respect of the nation. Such creatures of passion, disloyalty, and anarchy must be crushed out. For what we are seeking now, what in my mind is the single thought of this message, is national efficiency and security.” —President Woodrow Wilson in a speech to Congress, —President Woodrow Wilson in a speech to Congress, 1915.

Espionage act (1917) This law provided for a fine of $10,000 and up to 20 years in prison for any person who, during wartime, was found guilty of: This law provided for a fine of $10,000 and up to 20 years in prison for any person who, during wartime, was found guilty of: willfully making false statements with the intent of interfering with the war effort; willfully making false statements with the intent of interfering with the war effort; promoting the success of the enemy; promoting the success of the enemy; causing insubordination, disloyalty, mutiny, or refusal of duty in the armed forces; causing insubordination, disloyalty, mutiny, or refusal of duty in the armed forces; or interfering with armed forces recruitment. or interfering with armed forces recruitment.

Sedition act (1918) Extended the power of the United States government over speech and printed opinion. Extended the power of the United States government over speech and printed opinion. The act prohibited disloyal, profane, or abusive remarks about the form of government, flag, or military uniforms of the United States, and any language intended to obstruct the war effort in any way. The act prohibited disloyal, profane, or abusive remarks about the form of government, flag, or military uniforms of the United States, and any language intended to obstruct the war effort in any way. The Postmaster General was empowered to deny the use of mail to any person who, in his or her opinion, used the mails to violate the act. The Postmaster General was empowered to deny the use of mail to any person who, in his or her opinion, used the mails to violate the act. The Sedition Act outlawed nearly all criticism of the war and the government. The Sedition Act outlawed nearly all criticism of the war and the government.

Example #1 A 44 year old cook in a Milwaukee hotel was held for more than 24 hours on a complaint of a waitress who said the cook had called the small flag she was wearing on her uniform collar “a dirty rag.” The cook explain that he had referred to the dirt on the collar of her uniform, not the flag. The district attorney eventually accepted his version. A 44 year old cook in a Milwaukee hotel was held for more than 24 hours on a complaint of a waitress who said the cook had called the small flag she was wearing on her uniform collar “a dirty rag.” The cook explain that he had referred to the dirt on the collar of her uniform, not the flag. The district attorney eventually accepted his version.

Example #2 A 16 year old honor student at Wauwatose high school …admitted writing “The Living English Jackass” under a picture of Wilson hung in the school’s bookkeeping room. She had to go before a school assembly and recant. The students and teachers refused to let her off with a mere apology. Through her tears, she was forced to read a prepared statement which promised never again to insult the country “which so carefully protects me.” A 16 year old honor student at Wauwatose high school …admitted writing “The Living English Jackass” under a picture of Wilson hung in the school’s bookkeeping room. She had to go before a school assembly and recant. The students and teachers refused to let her off with a mere apology. Through her tears, she was forced to read a prepared statement which promised never again to insult the country “which so carefully protects me.”

Example #3 A 70 year old wholesale liquor salesman was fined $25 for telling a solicitor, “To hell with Liberty bonds.” A 70 year old wholesale liquor salesman was fined $25 for telling a solicitor, “To hell with Liberty bonds.”

Example #4 A naturalized German remarked on a streetcar that President Wilson was to blame for America’s entry into the war. He was fined $25. A naturalized German remarked on a streetcar that President Wilson was to blame for America’s entry into the war. He was fined $25.

The United States v. Schenk 1. What were the basic facts of the case? (5ws) 1. What were the basic facts of the case? (5ws) 2. What was the constitutional issue involved? 2. What was the constitutional issue involved? 3. What was the ruling in the case? 3. What was the ruling in the case? 4. What reasoning was used to justify the ruling? 4. What reasoning was used to justify the ruling? 5. What is the significance of this case? 5. What is the significance of this case?

Rights in Wartime Group activity: Group activity: In your groups, read each of the three cases and prepare an argument to support or oppose the government’s action. In your groups, read each of the three cases and prepare an argument to support or oppose the government’s action.

Questions for discussion Do you think the Sedition Act of 1918 was constitutional? Why or why not? Do you think the Sedition Act of 1918 was constitutional? Why or why not?

Benjamin franklin They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. —Benjamin Franklin, 1759—Benjamin Franklin, 1759