Chapter 5- Free Speech

Question 1

John Milton

Answer 1

Known for Areopagitica (1644), which was his attempt at defending the principle of free speech

Question 2

The Licensing order

Answer 2

Was used to police free speech. You must obtain a license before you can publish a piece

Question 3

John Locke

Answer 3

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

Question 4

“no prior restraint”

Answer 4

no prior restraint is hardly freedom from censure; gov’t cannot impose censorship prior to publication, but gov’t can punish you after

Question 5

James Madison

Answer 5

Published a series of essays called “On Property”; advocates for the protection of ALL forms of property, including intellectual property

Question 6

1798 Alien and Sedition Acts

Answer 6

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)

Question 7

John Stuart Mills

Answer 7

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

Question 8

Clement vallandigham

Answer 8

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

Question 9

Civil Liberties

Answer 9

freedoms guaranteed by the constitution

Question 10

The influx of immigrants…

Answer 10

…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

Question 11

Criminal syndicalism laws

Answer 11

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)

Question 12

Ezra Heywood (1829-1893)

Answer 12

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

Question 13

1873 Comstock act

Answer 13

upheld Christian morality; prohibited the publication of pornography or obscene literature

Question 14

Free Speech League

Answer 14

The mere existence of the Free Speech League is important because they commit themselves to freedom of expression, no matter the subject

Question 15

The Espionage Act of 1917 and Sedition acts of 1918

Answer 15

censored anti-war literature; made it a crime to convey information intended to interfere with the war effort.

Question 16

Schenk v. US(1919)

Answer 16

Schenk was a socialist; he circulated anti-war pamphlets amongst soldiers and was convicted under the Espionage Act for doing so.

Question 17

“clear and present danger”

Answer 17

a basis for prohibiting free speech; the speech must present a clear threat with substantive evil to follow; the threat must be imminent

Question 18

Abrams v. US (1919)

Answer 18

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

Question 19

Bradenburg v. Ohio

Answer 19

established the bradenburf standard: “imminent lawless action” speech that is intended to, and likely to incite imminent lawless action can be punished.

Question 20

Time, Place, and Manner of speech

Answer 20

is not protected; you are not punished for the content of your speech but rather how you deliver it

Question 21

Obscenity

Answer 21

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

Question 22

Dissemination of National Security secrets…

Answer 22

is not protected. IE edward snowden

Question 23

Student Speech…

Answer 23

is not protected. Theory that giving free speech to children disrupts the mission of school

Question 24

Defamation…

Answer 24

is a common law form fo prohibited speech that is given a degree of protection in court

Question 25

Commercial Speech

Answer 25

has a lesser degree of protection due to the danger that it can promote fraud