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Limitations of Freedom of Speech
Limitations of Freedom of Speech
Limitations of Freedom of Speech
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Sedition Act of 1798 The sedition act of 1798 was a law that consist of people who opposed the government’s policy should be imprisonment and fined. The law was passed by congress and signed by John Adams in 1798, which consists of four series Alien Act, Alien enemies Act, Naturalization Act, and Sedition act. The Sedition act became the biggest reputation to the United States. The constitution ascertained the right to have freedom of speech, but the Sedition Act prosecutes those who voice against the government. The Sedition Act did not want Americans to do any false writing against the federal government. The first Amendments clarifies that congress has no right to make a law that will be established on religion or abridging the freedom …show more content…
In the first section of the sedition act the American people did not argue much about because it provides protection if people start to revolt with violence against the government. It also states that people who causes violence such as robbery, killing, and a misdemeanor. I agree violence isn’t the answer to protest on a decision the government make, but if there is a decision that doesn’t make sense then people have the right to protest peacefully. I also completely agreed that anyone who does an act of violence to anyone or does disruption should be punish with a fine and be place in an imprisonment. In section two of the sedition act it consists of freedom of press, which has some boundaries. It states that the government has every right to punish anyone who writes any defamatory and libel statements against the government. Mostly likely they would get a fine. I do believe that Americans shouldn’t write any false statements about the government; however I do believe that they have the right to criticize the government. Therefore, I have a strong belief that Americans do write some authentic statements that the government tries to hide from us, but there is some who write libel statement just to get people attention. I absolutely stand by section one in the sedition law it provides protection to America, in which we can live safety. In section I do agreed in some of the allegations, …show more content…
He states, “The officers of the government would have the right to invade this fortification, and to make prisoners of the garrison, whenever they thought there was a failure in the duty of publishing only the truth, of which failures persons chosen by the government are to judge.” Hay implies that if we let the government silence the publisher’s inaccurate statements, then the government would win authority over every American and it would limit their liberty of the press. He believes that American’s should not fear on making your own opinion because the true ideas could come from it. For me it basically means that the government controls what the publishers write. Hay also states, “the sedition bill, which is an act of legislative control, is an abridgement of its liberty, and expressly forbidden by the constitution.” Hay implies that the sedition bill is taking liberty away from everyone and is being unconstitutional to the constitution. The government does want the American people to express their own thoughts of how the government is being run bad; instead they have to silence themselves, so they won’t have to be sued or imprisonment. It must have been difficult for Americans to speak out how bad the government is doing because if they voice their opinion or give a false statement, then they’ll face the consequence with jail time and a
You may be thinking how did the constitution stop tyranny? Well we have the answer. Let's start of with what tyranny means, that a leader or king abuses their power. How did the constitution guard against tyranny? Well they abuse their power bad deeds. The constitution guard against tyranny in these four ways. Federalism, separation of power, checks and balances, and small states vs. large states.
These acts came about in response to the French’s foreign threat. These brand- new laws included the authority to deporting immigrants and making harder for them to vote. The most controversial law was that of the sedition act. In a way, this Act prohibited public opposition towards the government. Fines and imprisonment was the fate so to speak of those who "write, print, utter, or publish . . . any false, scandalous and malicious writing" about the government. The introduction of the sedition act contravened with the first amendment of the constitution where individuals were granted the right to religion, assembly, press, petition, and speech. This proves that John Adams wasn’t looking out for the wellbeing of others, and made it seem as if there was something to hide by making it illegal to speak out against the
In 1798, the Alien and Sedition Acts were created under President John Adams due to tensions with France. The Sedition Act made it illegal for anyone to publish anything that could defame or speak badly of the United States government. The Alien and Sedition Acts were repealed after President Adams’ presidential term was over. The Espionage and Sedition Acts, created from 1914 through 1921, made it illegal to cause disloyalty in the military forces and also prohibited any opposition to the government and their decisions in war. These acts were declared unconstitutional. Both were repealed after conflicts died down. The U.S. Patriot Act, created to investigate and protect against terrorism, made it legal for the United States’ government to search the records of citizens without their
...Sedition Acts exercise a power nowhere delegated to the Federal government...this commonwealth does declare that the said Alien and Sedition Acts are violations of the said Constitution." The resolutions nullified the laws and contributed to the rise of Republicanism and the fall of Federalism.
The Alien and Sedition Acts were not merely intended for immigrants who spoke out against the government but more to detain the growth of the Democratic - Republican Party. These four Acts coercively lessoned the likelihood of the party mounting power by eliminating its majority group; soon to be citizens. Many issues led up to the creation of the Acts. This Cause and Effect can be traced all the way back to George Washington's Presidency; a few years after the creation of the Constitutional government after the Articles of Confederation were expulsed.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
According to Thomas Jefferson, all men are created equal with certain unalienable rights. Unalienable rights are rights given to the people by their Creator rather than by government. These rights are inseparable from us and can’t be altered, denied, nullified or taken away by any government, except in extremely rare circumstances in which the government can take action against a particular right as long as it is in favor of the people’s safety. The Declaration of Independence of the United States of America mentions three examples of unalienable rights: “Life, Liberty and the pursuit of Happiness”. I believe these rights, since they are acquired by every human being from the day they are conceived, should always be respected, but being realistic, most of the time, the government intervenes and either diminishes or
In 1798, when Congress passed both the Alien and Sedition Acts, it was very much constitutional. These acts were definitely in the best interest of America. America was a significantly young nation, at the time, and could not afford to create problems caused by foreigners coming to America. They did not have enough national power to sustain order if everyone was attacking the newly created laws, and many of those rebels being citizens from foreign countries, nevertheless.
These were the actions that made our country leap towards a revolution and eventually make it free. As the first line of the constitution says ?We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.?, and this selection along with the rest of the constitution still stands today and has not been changed or altered since it was made.
The Alien and Sedition Acts played major roles in the coming about of the Virginia and Kentucky Resolutions. Passed in early 1798, the Acts laid down a number of harsh restrictions on foreigners. The Alien Act stretched the minimum years for eligibility for naturalization from five years to fourteen years. It also gave the President the power to expel any alien from the country. The Sedition Act was even harsher; it gave the government the right to arrest anyone accused of seditious activities. The Sedition Act thus cracked down on many Jeffersonian newspapers which criticized the government. Of course, Jefferson criticized these Acts; he even called them “worthy of the 8th and 9th century” (2 / p.174). With these laws the Federalists were thought to be stifling the power of the Jeffersonians.
After the Revolutionary War in America, many states recommend that free speech be put in the United States Constitution. Nevertheless, freedom of speech was written into the Bill of Rights and was ratified in 1791. A few years after the First Amendment was ratified, the government passed the Sedition Act of 1798. This was to help prevent resistance or rebellion against the government. It also made it illegal to print, write or say “any false, scandalous and malicious” things against the government.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
The French and Indian war had left the British economy in ruins. The secretary of state William Pitt had spent copious money on the war. In order to accommodate for the massive debt they had, the British thought it reasonable to tax the colonist on certain goods to help. Considering the British had fought for them, they saw no reason the colonist would oppose. Some of these taxes were the Townshend acts, the Sugar act, which was the tax on sugar and allowed conviction for smuggling without a court case. The stamp act, which was a tax on anything paper, and the Currency act. Some acts were added in hopes of bringing in money, others were not. There were the Writs of Assistance which allowed them to search cargo without a warrant, there was the
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
1. Explain prior restraints, defamation, and sedition of the freedom of freedom of speech and freedom of the press