1. 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?

2. 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?

3. 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

4. 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.

5. 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!!!

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

7. 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??

8. 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.

9. 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.

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

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

12. 9/11 –Patriot Act Patriot Act (2001)
increases the ability of law enforcement agencies to:
search telephone
communications
medical, financial, and other records

13. 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

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

15. 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