WELCOME

1. WELCOME

2. The Constitution & Civil Liberties CREC TEACHING AMERICAN HISTORY - 2011

3. CASE HISTORY APPROACH

4. Session 1 - RATIFICATION HOW IMPORTANT WERE CIVIL LIBERTIES TO THOSE WHO WROTE AND ADOPTED THE CONSTITUTION?

5. BILL OF RIGHTS – may 4- August 25, 1780 STATE RATIFYING CONVENTIONS FORCED BILL OF RIGHTS & MORE CIVIL LIBERTIES JOHN E FINN –WESLEYAN UNIV MIKE BREEN

6. ALIEN AND SEDITION ACTS OF 1798 NATURALIZATION ACT: ALIEN FRIENDS ACT: ALIEN ENEMIES ACT: SEDITION ACT: a crime to publish “false, scandlous or malicious writing against the President, or Congress (but not individual Congressmen) 4

7. First amendment case: THOMAS COOPER PUBLISHED BROADSIDE ACCUSING ADAMS OF MISCONDUCT IN OFFICE WHAT CONSTITUTES FREE SPEECH? UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH?

8. JULY 14, 1798 ALIEN AND SEDITION ACTS WHEN IS THE SUPPRESSION OF CIVIL LIBERTIES A POLITICAL TOOL? When Was the Sedition Act Scheduled to Expire?` March 3, 1801

9. Jefferson kentucky resolvesNULLIFICATION FEDERAL VERSUS STATE’S RIGHTS MADISON VIRGINIA resolvesINTERPOSITION

10. First amendment case: THOMAS COOPER PUBLISHED BROADSIDE ACCUSING ADAMS OF MISCONDUCT IN OFFICE NONE OF THOSE QUESTIONS WERE EFFECTIVELY ADDRESSED.

11. NOV. 9 SPECIAL PROGRAM: OLD STATE HOUSE 6:00 PM “CIVIL LIBERTIES & THE CIVIL WAR IN CONNECTICUT SUPREME CT JUSTICES JOHN FINN MATT WARSHAUER

12. , CIVIL LIBERTIES AND THE CIVIL WAR UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH? THE RIGHTS OF THE MAJORITY VERSUS THE RIGHTS OF THE INDIVIDUAL MATT WARSHAUER CCSU SALLY NYHAN

13. INDIAN REMOVAL AND THE CASE OF STANDING BEAR WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE CONSTITUTION? WHOSE ARE NOT? THE RIGHTS OF THE MAJORITY VERSUS THE RIGHTS OF THE INDIVIDUAL

14. World War I Raised Crucial Questions ABOUT THE RIGHT TO Free Expression . HOW MUCH FREEDOM OF SPEECH IS ENOUGH? MANY CONSIDER FREEDOM OF SPEECH “THE PREEMINENT FREEDOM” “the matrix, the indispensable condition of nearly every other form pof freedom” - Justice Cardozo, Palko v. Connecticut NO ONE BELIEVES IN COMPLETE FREEDOM OF SPEECH AMERICANS SUPPORT FREE SPEECH IN THEORY, AND RESTRICTIONS IN PRACTICE THIS IS ESPECOIALLY TRUE IN TIMES OF HEIGHTENED THREATS TO NATIONAL SECURITY

15. Woodrow Wilson &The War Progressive Reformer: • 8 Hour Work Day • Ended Child Labor • Trust Buster •Est. Federal Income Tax Racist • Federal Offices Segregated •Photos Required of Job Applicants Harshly Suppresed Civil Liberties During & After WW I

16. Wilson (And America) Reluctant to enter the war. Wilson Feared the War Would End Progressive Reforms Declared Neutrality 1916 Campaign Slogan “He Kept Us Out of War.”

17. Zimmerman Telegram Leads US to War 1917 Mexico Promised Lands Lost to US in Mexican War 1846 if they Support Germany against the US

18. April 1917, US enters world War 1 “To Make the World Safe For Democracy.”

19. US Mobilizes for war In April 1917, The Total U S Army Force was 100,000 Men

20. US Mobilizes for war By End of 1818, 2.8 Million Soldiers – 1.5 Million US Troops in Europe

21. Wilson CreateD CPI to Sell the War to the American People • Committee on Public Information • Over 75 Million Copies of 30 Different Pamphlets • Anti-German Messages and Pro-Patriotic Works In Every Medium

22. Wilson CreateD CPI to Sell the War to the American People

23. Wilson CreateD CPI to Sell the War to the American People

24. Wilson CreateD CPI to Sell the War to the American People

25. War Propaganda Fed Pre-existing Fears of an “enemy within” • 1/3 of Americans Were Immigrants or Children of Immigrants (32Million) • 10 Million Americans Came From Central Powers Nations (At War With US) • Millions More were Irish who hated England • German-Americans Push For Neutrality Made Them Suspect • All “Hyphenated Americans” Came Under Suspicion

26. Wilson unleashed a veritable reign of terror “There are citizens of the United States . . . born under other flags, but welcomed under our generous naturalization laws to the full freedom and opportunity of America, who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and name of our good government into contempt.[ It is . . . Necessary that we should promptly make use of processes of law by which we may be purged of their corrupt distempers. I am urging you to do nothing less than save the honor and self-respect of the nation . . . Disloyalty and anarchy must be crushed out. I need not suggest the terms in which they may be dealt with”. – State of the Uniion, 1915

27. Espionage Act of 1917 • RADICALLY CURTAILED FREEDOM OF SPEECH • SEDITIOUS NEWSPAPERS WERE BANNED FROM THE MAILS • 20 YEAR SENTENCE FOR OPPOSING THE DRAFT

28. EUGENE V DEBS SERVED THREE YEARS FOR SPEAKING AGAINST THE DRAFT

29. RUSSIAN ANARCHIST EMIGRANT EMMA GOLDMAN SENTENCED TO 2 YEARS FOR SPEAKING AGAINST THE DRAFT

30. SEDITION ACT OF 1918 • EVEN MORE RADICALLY CURTAILED FREEDOM OF SPEECH • MADE IT A CRIME TO SAY ANYTHING “disloyal, profane, scurrilous, or abusive” about the US government or its policies

31. American Protective League • Private Organization, founded in Chicago Encouraged people to spy on and report subversive neighbors • 250,000 Members , 600 cities • “Organized with the Approval and Operating under the Direction of the United States Department of Justice

32. Waves of anti german vigilanteism swept the country • German Language Cultural Expression Harshly Suppressed – Newspapers, Church Services • Tarring and Lynchings of German Activists - John Meintz, Duluth, MN, tarred and feathered for not buying war bonds

33. Robert Praeger of collinsville, MO. Lynched for opposing the draft • LYNCHED FOR MAKING DISLOYAL UTTERANCES AGAINST PRESIDENT WILSON

34. Leftist & socialist Communist Labor Activists also Suppressed • International Workers of the World IWW Specially Singled Out • Justice Dept Arrested 169 IWW Leaders September, 1917 • Most Received Stiff Jail Terms – Effort to Break the Union

35. RED SCARE of 1919 Produced New Repression • Fear of a Bolshevik Revolution in the US • Attorney General A. Mitchell Palmer, authored, THE CASE AGAINST THE REDS • After bombs went off in 8 US cities in June, J Edgar Hoover led raids that led to the arrest and attempted deportation of 16,000 people, imprisoned without habeus corpus In Connecticut, Joseph Yenowsky of Waterbury served 6 months in jail for saying Lenin was one of the “brainiest men in the world”

36. Schenck V. United States: First Court Attempt to Define Limits of Free Expression • Upheld the Espionage Act of 1917, upheld guilty verdict • No protection for speech against the draft during World War I • Most notable for Oliver Wendell Holme’s “clear and present danger “ test.

37. CLEAR AND PRESENT DANGER • “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that Congress has a right to prevent.”

38. GUIDING QUESTIONS: CONTENT HOW IMPORTANT WERE CIVIL LIBERTIES TO THE CONSTITUTION’S FRAMERS? WHOSE RIGHTS ARE MORE IMPORTANT; THE RIGHTS OF THE MAJORITY, OR THE RIGHTS OF THE INDIVIDUAL? HOW HAS OUR UNDERSTANDING OF CIVIL LIBERTIES CHANGED OVER TIME? WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE CONSTITUTION? WHOSE ARE NOT? UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH?

39. GUIDING QUESTIONS: METHOD WHAT MAKES AN EFFECTIVE DOCUMENT BASED QUESTION? HOW DO WE DEVELOP EFFECTIVE DBQS? HOW DO WE HELP OUR STUDENTS ENGAGE AND MASTER DBQ ASSESSMENT? WHAT WOULD A DBQ BASED APPROACH TO TEACHING THE CONSTITUTION AND CIVIL LIBERTIES LOOK LIKE? HOW DO WE DEVELOP STUDENT-FRIENDLY DBQ’S THAT FOCUS ON CRITICAL ASPECTS OF THE CIVIL LIBERTIES/CONSTITUTIONAL DEBATE?