Stephanie Burrell and Katie Armstrong 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 petition the Governme ID: 781027
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Speech and National Security
Stephanie Burrell and Katie Armstrong
Slide2First 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 petition the Government for a redress of grievances.”
Slide3First Amendment
Original Intent:
The Bill of Rights was written in order to protect individual freedoms that were not explicitly guaranteed in the Constitution. The first amendment was specifically included by Madison so citizens could criticize the government without fear of imprisonment.
Slide4First Amendment
Current Interpretation:
Today, there is more controversy over the interpretation of the First Amendment, specifically the portion concerning free speech. The controversy stems from the definition of free speech, and the debate between freedom and safety/national security. Ex: You cannot yell fire in a public place when there is not one.
Slide5New York Times vs. United States (1971)
Facts:
Daniel Ellsberg, a government employee, leaked classified information regarding US involvement in the Vietnam War (The Pentagon Papers) to the
New York Times.
Nixon attempted to prevent the
New York Times
and
Washington Post
from publishing this information claiming that prior restraint was necessary to protect national security
Slide6New York Times vs. United States (1971)
Issue
:
Can the executive branch block the printing of classified government information in an effort to protect national security without violating the First Amendment’s free speech/press clause?
Holding:
The court ruled 6:3 in favor of
New York Times.
New York Times
vs. United States (1971)
Reasoning:
The court ruled that because the issue did not present any immediate danger to the government or the public, but sought only to educate American citizens about the Vietnam War, Nixon did not have the right to enforce prior restraint. They decided that in doing so he would violate the reporters First Amendment rights.
Slide8New York Times vs. United States (1971)
Interpretation:
Because of this case, the court established a “heavy presumption against prior restraint”; therefore, the court is likely to find cases involving government censorship unconstitutional.
Many historians also cite the release of the Pentagon Papers as an event which helped end the Vietnam War.
Slide9New York Times vs. Sullivan (1964)
Facts:
During the 1960’s, an ad was printed in the
New York Times
which contained false information about Civil Rights opponents and the Alabama police department.
Sullivan, the city Public Safety Commissioner, sued the
New York Times
for libel, claiming that the article damaged his reputation (as he was in change of the police department).
At the time, Alabama’s libel law stated: any false speech which degrades a person’s reputation is defamatory.
Slide10New York Times vs. Sullivan (1964)
Issue
: Did Alabama’s libel law unconstitutionally infringe on the First Amendment’s freedom of speech?
Holding:
The court ruled unanimously in favor of the
New York Times.
Slide11New York Times vs. Sullivan
(1964)
Reasoning:
The court stated the
New York Times
did not know that the ad contained inaccuracies, and therefore could not be held liable for defamation since they had not acted maliciously against Sullivan. The court also ruled that a public official can sue for false statements made with actual malice (if the papers know the information they are publishing is false).
Slide12New York Times vs. Sullivan
(1964)
Interpretation:
New York Times vs. Sullivan established the actual-malice standard that has to be met before press statements can be considered libel.
This case also allowed free reporting of the civil rights campaigns in southern states, and played a key role in expanding the rights of free speech and press
Slide13Schenck vs. United States (1919)
Facts
During WW1, secretary for the US Socialist Party, Charles Schenck, distributed pamphlets encouraging men to resist the draft because he believed it violated the 13th Amendment
He was arrested for violating the Espionage Act (1917) and sentenced to 30 years in prison
Slide14Schenck vs. United States (1919)
Issue:
Does the government’s prosecution and punishment for expressing opposition to the military draft during wartime violate the First Amendment’s free speech clause?
Holding:
The court voted unanimously in favor of the United States.
Schenck vs.
United States (1919)
Reasoning:
The Supreme Court decided the Espionage Act did not violate the First Amendment. The court stated that wartime circumstances changed the rules related to the rights of free speech. They also ruled that there can be limitations to free speech rights if that speech presents a clear and present danger.
Slide16Schenck vs United States (1919)
Interpretation:
This court case limited the First Amendment’s right to freedom of speech during times of war by declaring the Espionage Act constitutional (which would later lead to the imprisonment of dozens of people including Daniel Ellsberg and Eugene V. Debs)
It also created the clear and present danger test
Multimedia Items
https://www.youtube.com/watch?v=rNpmC8iuVTA
https://www.youtube.com/watch?v=nrXlY6gzTTM
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