Perilous Times: Free Speech in Wartime Geoffrey R. Stone in his book tries to give us a larger picture look at the history of the First Amendment during major periods of war. Stone states that “the United States has attempted to punish individuals for criticizing government officials or policies only during six episodes in our history.” Stone breaks down the six periods into two categories of rights suppression; Intense suppression periods which consist of militant agitation against France in 1798, World War I and the Cold War and less intense suppression which encompasses the Civil War, World War II, and the Vietnam War. This book mainly focuses on each of these periods. The book follows a historical timeline and begins with what Stone
My groups theme is Alliances, and a excerpt from All Quiet on the Western Front that supported our theme for chapter 5 is “ We don't talk much, but I believe we have a more complete communion with one another than even lovers have. We are two men, two minute sparks of life; outside is the night and the circle of death. We sit on the edge of it crouching in danger, the grease drips from our hands, in our hearts we are close to one another…What does he know of me or I of him? formerly we should not have had a single thought in common--now we sit with a goose between us and feel in unison, are so intimate that we do not even speak.”. I believe that this excerpt relates to the theme of alliances because when Paul says “We sit on the edge of it crouching in danger…” it reminds me of how the countries that have formed an alliance always risk losing the war and many resources. Also, when Paul continues to say “What does he know of me
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
The first amendment is being abused by more people now than ever before. People like to shout, “First Amendment” when they find themselves in a controversial situation because of certain things they wrote or spoke about. People are being less responsible for their actions and are blaming the constitution for their slip-ups. In “Free-Speech Follies” by Stanley Fish, Fish addresses the First Amendment issue. Fish claims that people use the First Amendment to try to get themselves out of trouble or criticism and that they need to start being responsible for their actions and need to start having a sense of judgment.
In the 1920’s a heightened suspicion of communist activities on domestic American land arose, the Red Scare. Benjamin Gitlow, a prominent member of the Socialist party, was arrested and convicted on charges of violating the New York Criminal Anarchy Law of 1902 during these drastic times. What was his violation? The publication and circulation of the Left-Wing Manifesto, a mere pamphlet, in the United States was his infringement. He appealed the decision on the basis that it violated his First Amendment rights of freedom of speech and press and it was passed on to the United States Supreme Court. The court ruled 7-2 in favor of Gitlow on the basis of Section 1 of the Fourteenth amendment to the United States Constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gitlow v. New York exemplifies the protection of civil right and liberties with judicial activism.
Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917.
In a world where terrorism, war, and economic instability are ever looming threats it’s not a wonder why the limits on the freedom of the individual can come into question. This is especially true when the country where these limits are brought into question is one of the world’s leading powers in: democracy, economics, social welfare, military force, and foreign politics in general. This country, of course, is the United States. Unfortunately, even with the country’s democratically centered government, there is still a debate on whether Americans have enough protections for civil liberties or not. A few key areas of argument on civil liberties and hopefully provide enough information to the reader so that he/she may deduce an educated opinion as to whether Americans have enough protection for civil liberties or not.
Although most call the war the American ‘Revolution’, America’s founding documents, including the Constitution and the Bill of Rights, are similar to important British archives, such as the English Bill of Rights and the Spirit of the Laws, as evidenced by the existence of the same three branches of power and rights. In the Constitution, written for and by the people in 1789, the people describe America’s three branches of power—legislative, executive, and judicial—and who should hold it in each. According to the Constitution, the “legislative” power should be “vested in congress,” the “executive” branch should be “vested in a President,” and the “judicial” power should be “vested in one supreme court” (Document C). As a result of the American
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).
11 months before the United States of America would declare war on Japan, President Franklin D. Roosevelt delivered a speech to the American people known as the “four freedoms” on January 6, 1941.1 The main purpose of this speech was to rally support to enter World War 2, however in order to declare war the United States Of America had to abandon the isolationist policies that emerged out of WWI. These four freedoms would establish human rights after the war, but more importantly they would resonate through the United States for decades after the war. Some of these freedoms have remained the same and some of these freedoms have changed throughout the years. We will be looking at three periods and comparing how the freedoms varied from each of the three periods.
Since the early history of our country, the protection of basic freedoms has been very important to Americans. The American voice on freedom has been shaped throughout history. The Bill of Rights was originally drawn up in June, 1789. On December 15th, 1791, the Bill of Rights were ratified and added to the United States Constitution. James Madison said that a bill of rights was good for the “tranquility of the public mind, and the stability of the government” (Burgar, Michael, 2002). Free speech and free press were most important to the drafters of the Bill of Ri...
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Well that is a very controversial topic filled with many different opinion. permitting strong government control over individual actions was the SEDITION ACT. In essence, this Act prohibited public opposition to the government. Fines and imprisonment could be used against those who "write, print, utter, or publish . . . any false, scandalous and malicious writing" against the government. Now this is up to you to say whether or not this was unconstitutional but, in my opinion it was. The whole idea of it is sickening to think that the government took away the speaking rights of the people. Anyone could see plain as day that it was unconstitutional “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.” This is the first amendment, the sedition law completely contradicted that. A wise man known as Thomas Jefferson once stated “Dissent is the highest form of patriotism.” That is true, To fight your government for your beliefs is not
When the dogmatic kings of 17th century Europe started to abuse their own people’s rights and persecute the others, the people were forced to abscond. However, where would these people go, wherever they went in Europe they were persecuted. These people were in desperate need of freedom and that is exactly what they found in the New World. On the soil of America, the Founding Fathers constructed a Constitution and a democratic government so that no one else’s rights would be repressed. The Constitution had attached to it the Bill of Rights, which contained ten amendments that all protected the rights of Americans, from the freedom of press to the right to a fair and speedy trial. These rights were in turn protected by civil liberties or “… guarantees of the safety of persons, opinions, and property from the arbitrary acts of government” (McClenaghan 772). Under this new government, a democratic nation wa...
Throughout their lives, people must deal with the horrific and violent side of humanity. The side of humanity is shown through the act of war. This is shown in Erich Remarque’s novel, “All Quiet on the Western Front”. War is by far the most horrible thing that the human race has to go through. The participants in the war suffer irreversible damage by the atrocities they witness and the things they go through.