When did the Supreme Court begin to strongly protect the right to free speech and a free press?
About this video
The speaker, a former ACLU president, explains that although the First Amendment protected free speech in principle from 1791, it was not a lived reality for most of US history: around World War I, 15,000 people were imprisoned for peacefully opposing the war or the draft. The Supreme Court first struck down state and local laws on free speech grounds in the 1920s and a federal law only in 1965. Real protection came in the 20th century because organisations and brave individuals took their cases to court, and it still depends on all of us.
You'll be able to
- explain the gap between free speech in principle and in practice for much of US history.
- identify when the Supreme Court began striking down laws that violated free speech.
- explain who and what helped give free speech 'real teeth'.
Key words
- ACLU
- The American Civil Liberties Union, an organisation founded around World War I to defend civil liberties like free speech.
- Alien and Sedition Acts
- Laws from 1798 that made criticising the president and other officials a crime.
- Draft
- A system requiring people to join the military.
- Federal statute
- A law passed by the national Congress.
Transcript
[MUSIC] Even though the First Amendment to our Constitution has protected free speech in principle since it was adopted in 1791. For most of our history, free speech did not exist as an actual lived reality. That's why the organization that I was proud to head for many years, the ACLU was founded more than 100 years ago at the time of World War I, because at that period. 15,000 people were imprisoned merely for peacefully expressing opposition to the war or to the draft. It wasn't until the 1920s, that the Supreme Court for the first time struck down under the First Amendment state laws and local laws that violated free speech. It wasn't until 1965 that the Supreme Court first strucked down a federal statute as violating the First Amendment, even though we know that the infamous alien in sedition acts, which went all the way back to 1798,
making criticism of the president and other government officials a crime surely violates free speech principles, but it was a legal standard that simply was not honored in reality. Until we had organizations like the ACLU and NAACP and others that were formed and courageous individuals who exercised their free speech rights, risked punishment, faced punishment and took their cases to court where the Supreme Court began to put teeth, real teeth, real meaning into the law in the 20th century, and pretty much culminating in the second half of the 20th century. So the big lesson for everybody who's watching this is freedom of speech really depends not only on the brilliant framers and ratifiers of the First Amendment, but on every single one of you, every single one of us, to make sure that government officials are actually aware of our free speech rights and are protecting them and that you can complain and do something about it if they should fail to do so.
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