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A
Historical Overview |
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1735 - Present |
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1735
John Peter Zenger published the
New York Weekly Journal. |
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He criticized the Royal Governor of N.Y. |
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Governor threw Zenger in jail. |
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Andrew Hamilton defends him in trial - he is
found innocent by jury. |
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Sets up tradition of “freedom of the press”
means __________________________ |
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Thomas Paine writes “Common Sense” which
influences colonists to rebel and seek independence from Britain. |
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Thomas Jefferson writes “ Declaration of
Independence” - colonies break away
from Britain. |
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Thomas Jefferson “Were it left to me to decide
whether we should have a government without newspapers or newspapers
without government, I should not hesitate a moment to prefer the latter.”
(1787) |
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Bill of Rights
guarantees personal freedoms |
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First Amendment of the Constitution states:
Congress must not interfere with freedom of religion, speech or press,
assembly and petition. |
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This means what? _________________ |
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1798-Alien and Sedition Act - if one impeded policies of gov. or
defamed officials, they received fines and jail time. During unofficial war
with France. (Expired 1801) |
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1861- Pres. Abraham Lincoln suspends rights like
“habeas corpus” and certain newspapers, during Civil War |
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1917
Espionage and Sedition Acts - limits what can be said and who can
say it during World War I. Many German-Americans and socialists get
prosecuted (1,900 cases) |
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1950’s
Red Scare/McCarthyism- fear of communism leads to trials and jail
time |
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1999- Supreme Court rules that schools are
liable for harassment of students by other students. |
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“Schenck v. United States” (1919) - Justice Oliver Wendell Holmes
states “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 used are used in such circumstances and are of such nature as to
create a CLEAR AND PRESENT DANGER that they will bring about the
substantive evils that Congress has a right to prevent.” |
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When does the government limit the freedom of
speech? |
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What does the decision mean in“Schenck v. U.S.” |
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Do you think the government has the right to
limit free speech? |
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Should people be able to say whatever they want
to you? Why or why not? |
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Notes