First Amendment History + Theory

Question 1

How was the 1st Amendment born?

Answer 1

British government suppresses speech during the American Revolution. There was potential for a tyrannical government to abuse its power to silence dissent. Freedom of expression is essential to a free and democratic society.

Question 2

When and where did the concept of freedom of speech originate?

Answer 2

Athenian society around the 6th or early 5th century BC.

Question 3

Magna Carta key points and how did it influence our gov?

Answer 3

Foundational document regarding
the concept of limited government and individual rights. Principles include due process of law and protection against arbitrary government actions. It influences the American understanding of individual rights.

Question 4

Other 1st Amendment influences

Answer 4

Petition of Right, Sir Edwin Coke, 1628
Massachusetts Body of Liberties, 1641
English Bill of Rights, 1689
Virginia Declaration of Rights, George Mason, 1776

Question 5

Second Circuit

Answer 5

Appeals from Federal courts in NY since much of the media is NYC-based

Question 6

Court of Appeals for Washington, DC

Answer 6

FCC FTC and FIA

Question 7

Ninth Circuit

Answer 7

Hollywood and Silicon Valley: film, TV and copyright

Question 8

Marketplace of Ideas

Answer 8

The best test of truth is to get
itself accepted in the marketplace.
Participants “buyers” will look for
the most original, truthful or
useful information

Question 9

John Milton

Answer 9

Monarchy/government awards licenses. Anti-King? No license for you. Supported unlicensed printing.
Licensing deprives citizens of knowledge. Censorship is impractical.
Areopagitica

Question 10

John Stuart Mill

Answer 10

“On Liberty” expanded on Milton’s idea. Public Harm. Free expression develops & sustains people’s rational capacity Facilitates the search for truth. Censorship? Sometimes

Question 11

Virginia Declaration of Rights, George Mason, 1776

Answer 11

Gov has to protect individual human liberties
Jefferson refers to it when writing DOI

Question 12

Petition of Rights, Sir Edwin Coke, 1628

Answer 12

Individual protections against the state
List of liberties

Question 13

Other influences of 1st Amendment

Answer 13

English Bill of Rights, 1689
Massachusetts Body of Liberties, 1641

Question 14

Sources of Law in USA

Answer 14

Constitutional
Statutory
Administrative
Executive Actions
Common Law
Law of Equity

Question 15

Constitutional Law

Answer 15

Supreme law of the land
Nothing overrides US Constitution

Question 16

Statutory Law

Answer 16

Based on the idea of the legislative body, every state can have different law

Question 17

Administrative

Answer 17

Decisions by FCC, etc. Agencies have power.

Question 18

Executive Actions

Answer 18

Law implemented by the President
Article II of the Constitution

Question 19

Common Law

Answer 19

Accumulation of case law, ruling made by courts and individual disputes

Question 20

Law of Equity

Answer 20

A court of equity is a type of court with the power to grant remedies other than monetary damages.

Question 21

Alien & Sedition Acts

Answer 21

1798 by John Adams. Restricts activities of foreign residents. Limits freedom of speech and the press. If you critique congress or the government, there will be consequences.

Question 22

Mathew Lyon, Republican VT

Answer 22

1st person was tried and convicted while acting as his own attorney. Defense: The Sedition Act was unconstitutional and didn’t mean to damage the government. Won reelection while in jail.

Question 23

James Callender

Answer 23

Republican-friendly journalist. 9 months in prison. Wrote articles from jail. Demanded a government job. First public allegations of Jefferson’s long-rumored relationship with Sally Hemmings

Question 24

When the Alien and Sedition Acts expire

Answer 24

US Federal courts prosecuted about 26 people. Most were editors of Republican newspapers. All opposed the Adams administration. Prosecutions ignited debate over the meaning of a free press and what rights should be afforded to political opposition parties in the US

Question 25

George Orwell

Answer 25

How much we value something, does also depend on public opinion, laws can depend on how popular they are (public opinion)

Question 26

1st Amendment Clause

Answer 26

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.