early United States (1787-1917) Flashcards
5 areas of controversy: international affairs civil war & abolition feminism publishing industry moral crusade
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Alien & Sedition Acts (1798)
seen as a revenge against the french naturalization act- made it take longer to become citizen.
seditious libel
Sedition Act
Control of content: Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light
Luther Baldwin Incident
Baldwin Incident (Sedition Act) convicted for saying he did care if a cannon was fired through the president (adams) ass. (when Jefferson was elected he freed the people arrested under the act and let it expire)
Lovejoy incident (1837)
- criticized the burning of a slave as punishment and then his press was burned to the ground for his abolitionism. From this time on abolitionism and freedom of the press moved forward hand and hand.
Nauvoo Expositor incident (1844)
nature. Smith the Mormon leader was also the mayor, he ordered the press and the papers to all be burnt. For his actions Smith was charged with treason so Smith declared martial law. So they took him to a nearby town for trial. An anti mormon militia “got into” the prison he was held him and shot him and his bro to death.
Civil War
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Haymarket Tragedy (1886)
anarchist demonstration, A bomb exploded at the end and 8 police officers and people were killed as a result of the following scuffle. Bomber was never found and some people believe the bomber was hired by the other side to incite a rebellion. They used the “rebellion” to hunt down anarchist supporters. From then on anarchism was seen as evil.
“criminal anarchy” + “syndicalism” laws
drug laws + moral panics
anarchism was considered a huge threat to government at the time.
Laws were created to forbid advocation for overthrowing the gov but then those laws were also applied to people who advocated for workers rights.
“religio-moral heresy”
People v. Ruggles (1811)
blasphemy laws
Early in the Republic, assurances of freedom of speech and separation of church and state had little deterrent effect on pious prosecutors, judges and jurors.
People v. Ruggles (1811) - He was convicted and charged with disrupting moral order for saying “JC was a bastard and his mother was a whore”
Kneeland Incident (1834) Believed in pantheism and for announcing his beliefs he was convicted of blasphemy.
obscenity federal obscenity acts (transportation) Anthony Comstock Society for the Suppression of Vice “comstockery” Comstock Acts
1842 and 1865 federal acts
“comstockery”- going out of control He became the countries foremost crusader against vice. He had an obsession with stopping moral obscenity. He started the society against vice. He lead raids. transportation of obscenity through the mail.
Rosen v. U.S. (1896) + the Hicklin rule
- the hickland rule was adopted as our definition of obscenity (“wether the tendency of the text is to deprave and corrupt those who’s minds are open to such immoral influences”) This resulted in a chilling effect because it was so vague.
Swearingen v. U.S. (1896
- used what was considered course and vulgar language, the supreme court had to decide if that was considered obscene. The court decided that no it did not, the decision limited it to sexual obscenity rather then course and vulgar language.
Constitution on copyright
incentive
Paten Law Says: in order to promote the use of science and the useful arts, authors and inventors will be given protection for their works.
Wheaton v. Peters (1834)
- Wheaton v. Peters (1834) A copyright case - Anyone who wants to can publish a court opinion because it belongs to the public domain. Congress had to make copywriter laws because they could no longer rely on tradition.
