Synopsis of Freedom of Expression in the U.S.
Up to World War I

1. Freedom of speech before the 17th century

• 24th century BC in Sumeria
• Greece during the 4th and 5th centuries BC
•  Roman republic during 1st century BC
• Roman empire starts in 27 BC with Augustus Caesar
• Influence of the Roman Catholic church for ~ 1000 years
• The Inquisition on the continent, starts in 13th century (see King John/Magna Charta, 1215)

2. The Colonial Era in America

• Not known for its tolerance of differing points of view
• Persecution and prosecution for blasphemous libel (saying bad things about God)
• Prosecution for seditious libel (saying bad things about those in government)
• 1735: the trial of John Peter Zenger

3. The Constitution and the Bill of Rights

A. Prior to the constitution was the Articles of Confederation

• The original draft of the constitution contained no guarantee of religious or intellectual liberty, except....
• September 17, 1787: Delegates at the constitutional convention vote to submit the document to Congress and then to the state assemblies for ratification. 9 of 13 needed.

B. Development of the Bill of Rights

• Three states (NY, NC, VA) insisted that Congress guarantee certain civil liberties.
• At the first session of Congress (1789), a bill of rights was proposed. Twelve amendments were sent to the states for ratification, and ten of the twelve (#3-#12) were ratified. Known as the Bill of Rights, these amendments became a part of the constitution on December 15, 1791.
  

4. What does the First Amendment mean?

A. It is both a negative control and a positive command.

B. Its roots are found in two mutually exclusive 18th century legal concepts.

• The king is sovereign. The rulers are superior and must not be subjected to criticism.
• The people are sovereign. The people are superior and may want to criticize their servants.

C. The First Amendment is an attempt to make the people sovereign. Juries, not judges appointed by the king, should determine the criminality of an utterance critical of government.

5. Early challenges to the Bill of Rights

In 1798, the U. S. feared French espionage, and the Federalists (the party of Washington and Adams), wanting to curb the power of the press to criticize government officials, passed a series of famous laws commonly known as The Alien and Sedition Acts. (See Tedford, 28-29)

• The Naturalization Act June 18, 1798 Repealed 1802
• The Alien Act June 25, 1798 Repealed 1800
• The Alien Enemies Act July 6, 1798 in effect now
• The Sedition Act July 14, 1798 Expired 1801
  
  

6. The First Amendment from Jefferson to World War I

• In addition to aliens, other groups were suppressed, including women and Blacks (slave and free).
• During the civil war era, laws were used to silence some abolitionists and other critics of government.
• After the civil war, during the rise of the Industrial Revolution, radicals attempting to organize laborers were prosecuted. 1905: the International Workers of the World (IWW) was established.
• Several states (CA, NJ, NY, etc.) enacted state sedition laws to protect capitalist-supported governments. The laws proscribed (banned) criminal anarchy or criminal syndicalism.

7. Summary

• The notion that colonial period in America was a haven for political and religious liberty is false.
• The founders of the nation did not speak with one voice.
• The Bill of Rights is a compromise between those who wanted the national government to be superior and those who wanted the state governments to be superior.