Chapter 5- Free Speech Flashcards
John Milton
Known for Areopagitica (1644), which was his attempt at defending the principle of free speech
The Licensing order
Was used to police free speech. You must obtain a license before you can publish a piece
John Locke
In his Letter of Toleration, Locke asserts that individuals are entitled to the ability to worship as they wish, which falls under the principle of free speech
“no prior restraint”
no prior restraint is hardly freedom from censure; gov’t cannot impose censorship prior to publication, but gov’t can punish you after
James Madison
Published a series of essays called “On Property”; advocates for the protection of ALL forms of property, including intellectual property
1798 Alien and Sedition Acts
A series of laws that were enacted during John Adams’ presidency; prosecuted people for speaking in opposition of the government; expired on the last day of his term; prosecuted 17 people 12 of whom were journalists(overall very successful for federalists)
John Stuart Mills
His Harm principle states that you should not be punishing people via the government even if their words harm people; such an idea coincides with utilitarianism
Clement vallandigham
arrested by Lincoln for criticizing his recruitment efforts; People can be punished for disseminating government secrets; speech doesn’t just offend people, it can cause concrete harm
Civil Liberties
freedoms guaranteed by the constitution
The influx of immigrants…
…brought an influx of “radical” political ideology, which was perceived as a threat. Immigrants were coming from authoritarian states, and some believed that the US gov’t was still too authoritarian
Criminal syndicalism laws
implemented in response to the “radical” ideology of immigrants; imprisoned them before their ideology could take hold of the country (i.e. William McKinley shot by an anarchist)
Ezra Heywood (1829-1893)
The author of Cupid’s Yokes; attacked traditional notions of marriage; individuals have autonomy over their relationships without it needing to be recognized by a sanctioned marriage; arrested under the comstock act
1873 Comstock act
upheld Christian morality; prohibited the publication of pornography or obscene literature
Free Speech League
The mere existence of the Free Speech League is important because they commit themselves to freedom of expression, no matter the subject
The Espionage Act of 1917 and Sedition acts of 1918
censored anti-war literature; made it a crime to convey information intended to interfere with the war effort.
Schenk v. US(1919)
Schenk was a socialist; he circulated anti-war pamphlets amongst soldiers and was convicted under the Espionage Act for doing so.
“clear and present danger”
a basis for prohibiting free speech; the speech must present a clear threat with substantive evil to follow; the threat must be imminent
Abrams v. US (1919)
Heard a week after Schenk v US; Rosansky was arrested for throwing leaflets out of a fourth floor window of a hat factory; criticized the US expeditionary force in Russia and called for a strike; convicted under the 1918 sedition act
Bradenburg v. Ohio
established the bradenburf standard: “imminent lawless action” speech that is intended to, and likely to incite imminent lawless action can be punished.
Time, Place, and Manner of speech
is not protected; you are not punished for the content of your speech but rather how you deliver it
Obscenity
there is a lot of confusion surrounding what Obscenity entails. A lot of people think it is solely concerned with lewd or explicit words, but it can also refer to extreme violence. It is not protected
Dissemination of National Security secrets…
is not protected. IE edward snowden
Student Speech…
is not protected. Theory that giving free speech to children disrupts the mission of school
Defamation…
is a common law form fo prohibited speech that is given a degree of protection in court
