Chapter 2: Freedom of Speech in America to World War I

Question 1

The Zenger Trial (1735)

Answer 1

Key facts: Zenger published criticism of the NY governor. He was charged with seditious libel. The jury was instructed to decide only on publication. Hamilton argued that since the speech was true, it was not seditious

Holding: Jury nullification, Zenger is free

Significance: One of the first new world free speech cases that alluded to modern liberties

Question 2

5th Article of The Articles of Confederation

Answer 2

“Freedom of speech and debate in congress shall not be punished”

Question 3

Speech and Debate Clause (Article 1, Section 6)

Answer 3

“The Senators and Representatives shall be privileged from arrest during their attendance at the session of their respective houses” - protects free speech of congress members

Question 4

First Amendment

Answer 4

“congress shall make no law abridging the freedom of speech, or of the press”

Question 5

Alien and Sedition Acts of 1798

Answer 5

Sedition Act: made it a crime to publish “false, scandalous, and malicious writing against the government and its officials

Created during the time of French-American conflict

Question 6

Kentucky Resolution of 1798

Answer 6

Anonymous criticism (Thomas Jefferson) of the Alien and Sedition Acts. Argued that the right to regulate the press was left to the states, not the federal government.

Question 7

Virginia Resolution of 1798

Answer 7

Anonymous criticism (James Maddison) of the Alien and Sedition Acts. Argued that abridging the rights of the press was expressly forbidden in the constitution. Strong, liberal FOS perspective.