The+Development+of+the+Freedom+of+Speech



= Description =

This is the first of three sections that focus on the freedom of speech. This begins by walking through the nature of the liberties established in the First Amendment, one of which is the freedom of speech. The primary purpose of this section is the walk through how this liberty developed over time, as well as to explain its importance. Some suggest that all other liberties stem from the ability of people to speak their minds without fear of retribution from government.

Special attention is given to sedition, which is defined as the incitement by words or writings to make people disaffected towards the governments. Punishments for doing so were once severe, but no longer - though it is not difficult to find examples where this still occurs. In a sense, this section is simply about walking through the process by which people became able to be critical of their government without fear of of punishment. This takes us through some of the key documents we covered in the beginning of the semester - The British Bill of Rights, etc. . . - and culminates in highly important Supreme Court decisions in the early 20th Century that presented arguments that critical speech does not create a clear and present danger to the security of the republic that justifies punishment.

Part of the point of this section is to understand the slow, gradual establishment of this liberty.

= Goals =

After reviewing this material you should be able to address the following:

- The history of and purpose behind laws regarding sedition. - The gradual process by which people gained the power to hold their own thoughts and express them - even if it meant being critical of the government. - The relationship between freedom of thought and self government. - Be able to describe how the trial of John Peter Zenger and the reaction to the Sedition Acts of 1798 and 1918 advanced the ability of people to be critical of government. - Explain Oliver Wendell Holmes decision in Abrams v The United States - Why the Supreme Court justifies limits on speech. - Be able to explain John Stuarts Mills' argument against censorship.

= Key Terms =

- free speech - sedition - seditious libel - the marketplace of ideas - political freedoms - freedom of conscience - Cato's Letters - The Enlightenment - John Peter Zenger - The Sedition Act of 1798 - The Sedition Act of 1918 - Abrams v. The United States - clear and present danger - the harm principle - the tyranny of the majority