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V. Free Expression during Wartime

V. Free Expression during Wartime. Security vs. Liberty Common Good vs. Individual Rights. A. Espionage and Sedition Act (1918). made it a federal crime : to criticize the government or Constitution. 

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V. Free Expression during Wartime

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  1. V. Free Expression during Wartime Security vs. Liberty Common Good vs. Individual Rights

  2. A. Espionage and Sedition Act (1918) • made it a federal crime : • to criticize the government or Constitution.  • Speak or publish any form of writing, expressing negative opinions about the war effort, or opinions against the draft • See excerpt on Handout • See: 1st Amendment • Security vs. Liberty

  3. Espionage Act (1917) • Federal law • Imposed $10,000 fines & 20 year sentences for anyone convicted of • Obstructing military operations (including recruitment ) • Aiding the enemy • Mailing treasonous material • Law violated civil rights (1st Amendment)

  4. Sedition Act (1918) • Amendment to the Espionage Act added by Congress in 1918 • made it a federal crime : • to criticize the government or Constitution.  • Speak or publish any form of writing, expressing negative opinions about the war effort, or opinions against the draft • Outlawed any disloyal or abusive language about the US • Flag • Armed forces • Law violated civil rights (1st Amendment)

  5. 1. Explain what is meant by the statement that US government is based on the idea that “the majority will be right more often than it is wrong.” and WHY that concept is embraced / reflected in our form of government. • 2. Explain how the statement above relates to the FIRST AMENDMENT to the US constitution

  6. THE Controversy Does the Espionage & Sedition Act of 1918 violate the Constitution ?

  7. CHALLENGES to the Espionage Act As a violation of 1st Amendment Issue: Free Speech in Wartime Common Good vs. Individual Rights

  8. Proponents of the legality/constitutionality of the Espionage Act = war is a special circumstance that warrants restrictions on speech • 3. Explain the argument that supports the idea that wartime is a special circumstance that requires restriction on free speech . (show me you understand the concept of Security vs. Liberty )

  9. Opponents of the Espionage Act as unconstitutional = free speech is needed even more during war time • Robert LaFollette • Zachariah Chafee • American Spirit Chapter 30 Part B “The War for the American Mind” TPs# 2

  10. Robert La Follette • Senator of Wisconsin - Voted against Declaration of War • Condemned by the Press and others for voting his conscience • wrote “Free Speech in Wartime” speech to Congress- Oct . 6 , 1917 • (American Spirit reading-244) • free speech should be more protected in war time than peace time

  11. In defense of free speech -Robert LaFollette (1917) • I think all men recognize that in time of war the citizen must surrender some rights for the common good which he is entitled to enjoy in time of peace. But sir the right to control their own Government , according to the constitutional forms , is not one of the rights that the citizens of this country are called upon to surrender in time of war.

  12. In defense of free speech -Robert LaFollette (1917) • Rather in time of war, the citizen must be more alert to the preservation of his right to control his Government . He must be most watchful of the encroachment of the military upon the civil power. He must be aware of those precedents in support of arbitrary action by administrative officials which , excused on the plea of necessity in wartime, become the fixed rule when the necessity has passed and normal conditions have been restored.

  13. 4. Explain WHY Robert La Follette believed free speech should be more protected in war time than peace time.

  14. Zechariah Chafee, Jr. • Professor at Harvard Law School • Argues that the Espionage & Sedition Acts are unconstitutional (violation of 1st amendment) • Comments on the case of Rose Stokes • She wrote a letter to the editor that was published in her local newspaper expressing an opinion against the war • we are not “fighting for democracy but for the protection and safeguarding of Morgan's millions.” • Sentenced to ten years in prison under the Espionage Act • she was 1 of thousands arrested & convicted under the Espionage Act • suppression of free speech can be self–defeating and dangerous in the long run

  15. B. DEBS V. US (March, 1919)

  16. DEBS V. US (March, 1919) • Socialist leader • After making a speech to a crowd that included men of draft age against the war & the draft • Arrested , convicted & sentenced to 10 years in prison • Supreme Court upheld his conviction

  17. C. Schenk v. US1919 Common Good vs. Individual Rights Read & Complete worksheet

  18. Schenk v. US Issue: • Does the Espionage Act violate the First Amendment with respect to Schenck’s freedom of speech ? Common Good vs. Individual Rights

  19. Schenk v. US Facts: • Mailed pamphlets to US Army draftees , encouraging them to resist the draft • Prohibited by the Espionage Act of 1917 • Schenck arrested , tried and convicted in lower court What do YOU think?Have Schenck’s 1st Amendment rights been violated ? Should his freedom of speech include trying to persuade people to break the law and not submit to the draft ? Common Good vs. Individual Rights

  20. Schenk v. US Decision : • MAJORITY OPINION: Oliver W. Holmes • Espionage Act (which forbid Schenk from mailing anti-draft information to draftees) IS allowable in a wartime context • The effect of Schenk’s speech presented a “clear and present danger” to army discipline and to the nations ability to conduct the war • Common Good more important than Individual Rights in wartime • What do YOU think? Did Schenk’s actions create a danger to society worthy of restricting his freedom of speech? Common Good vs. Individual Rights

  21. Schenck v. US Effect : • Free speech can be limited when the effect of the speech creates a “clear and present danger” • Test used today to balance the needs of society with the rights of the individual • Whether the “rule” was correctly applied in the case of Schenck may still be debated today BUT the “rule” (clear & present danger) remains in use today Common Good vs. Individual Rights

  22. HOMEWORK • Answer questions about the case on the back side of the handout

  23. D. ABRAMS V. U S (November, 1919) Common Good vs. Individual Rights Is the Espionage Act constitutional or unconstitutional?

  24. ABRAMS V. U S Dissenting Opinion: Justice Oliver Wendell Holmes • free trade of ideas important to the common good • Protection of INDIVIDUAL RIGHTS of speech • places a high standard on “clear & present danger” • The belief that truth will eventually win out in the marketplace of ideas has become important legal justification for promoting freedom of speech Common Good vs. Individual Rights READ SUMMARY OF CASES in The Americans book

  25. ESSAY:Security vs. Liberty Discuss the issue of Security vs. Liberty in light of the Espionage & Sedition Act of 1918. Was this act constitutional in your opinion ? Is this a pertinent issue today ? Include discussion of : • the three Supreme Court cases (notes & 602-603 in your textbook – Debs, Schenck, Abrams …) • La Follette & Chafee’s arguments (notes & speeches) • The American Espionage Act of 1918 worksheet • Present day applications (Security vs. Liberty handout) (3 pages max – TYPED, 12 font, times new roman, double spaced, normal margins)

  26. First Amendment • 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 petitionthe Government for a redress of grievances.

  27. READ SUMMARY OF CASES in The Americans book FRONT SIDE OF PAPER • 1. What was Holmes’ opinion in the Abrams case? ( Did he still think that the Espionage Act was constitutional?) • 2. What was Holmes’ reasoning in the Abrams case ? • 3. How does it differ from his opinion in Schenck ? BACK SIDE OF PAPER – REFLECTION Which reasoning makes more sense to you as an argument for determining when speech should be restricted (for interpreting the First Amendment) & WHY ? Which should be given more weight in wartime --- common good or individual rights ? Does your individual right to express an anti-war opinion hurt the common good ?

  28. READ SUMMARY OF CASES in The Americans book BACK SIDE OF PAPER – REFLECTION Which reasoning makes more sense to you as an argument for determining when speech should be restricted (for interpreting the First Amendment) & WHY ? Which should be given more weight in wartime --- common good or individual rights ? Does your individual right to express an anti-war opinion hurt the common good ?

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