Freedom In The United States Essay, Research Paper

No other democratic society in the world permits personal

freedoms to the degree of the United States of America. Within the

last sixty years, American courts, especially the Supreme Court, have

developed a set of legal doctrines that thoroughly protect all forms

of the freedom of expression. When it comes to evaluating the degree

to which we take advantage of the opportunity to express our opinions,

some members of society may be guilty of violating the bounds of the

First Amendment by publicly offending others through obscenity or

racism. Americans have developed a distinct disposition toward the

freedom of expression throughout history.

The First Amendment clearly voices a great American respect

toward the freedom of religion. It also prevents the government from

“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.” Since the early history of our country, the

protection of basic freedoms has been of the utmost importance to

Americans.

In Langston Hughes’ poem, “Freedom,” he emphasizes the

struggle to enjoy the freedoms that he knows are rightfully his. He

reflects the American desire for freedom now when he says, “I do not

need my freedom when I’m dead. I cannot live on tomorrow’s bread.”

He recognizes the need for freedom in its entirety without compromise

or fear.

I think Langston Hughes captures the essence of the American

immigrants’ quest for freedom in his poem, “Freedom’s Plow.” He

accurately describes American’s as arriving with nothing but dreams

and building America with the hopes of finding greater freedom or

freedom for the first time. He depicts how people of all backgrounds

worked together for one cause: freedom.

I selected Ray Bradbury’s Fahrenheit 451 as a fictitious

example of the evils of censorship in a world that is becoming

illiterate. In this book, the government convinces the public that

book reading is evil because it spreads harmful opinions and agitates

people against the government. The vast majority of people accept

this censorship of expression without question and are content to see

and hear only the government’s propaganda. I found this disturbing

yet realistic. Bradbury’s hidden opposition to this form of

censorship was apparent throughout the book and finally prevailed in

the end when his main character rebelled against the practice of

burning books.

Among the many forms of protests are pickets, strikes, public

speeches and rallies. Recently in New Jersey, more than a thousand

community activists rallied to draft a “human” budget that puts the

needs of the poor and handicapped as a top priority. Rallies are an

effective means for people to use their freedoms effectively to bring

about change from the government.

Freedom of speech is constantly being challenged as is

evidenced in a recent court case where a Gloucester County school

district censored reviews of two R-rated movies from a school

newspaper. Superior Court Judge, Robert E. Francis ruled that the

student’s rights were violated under the state Constitution. I feel

this is a major break through for students’ rights because it limits

editorial control of school newspapers by educators and allows

students to print what they feel is important.

A newly proposed bill (A-557) would prevent school officials

from controlling the content of student publications. Critics of the

bill feel that “student journalists may be too young to understand the

responsibilities that come with free speech.” This is a valid point;

however, it would provide an excellent opportunity for them to learn

about their First Amendment rights that guarantees free speech and

freedom of the press.

In his commencement address to Monmouth College graduates,

Professor Alan Dershowitz of Harvard Law School defended the broad

right to free speech. He stated, “My message to you graduates is to

assert your rights, to use them responsibly and boldly, to oppose

racism, to oppose sexism, to oppose homophobia and bigotry of all

kinds and to do so within the spirit of the First Amendment, not by

creating an exception to it.” I agree that one should feel free to

speak openly as long as it does not directly or indirectly lead to the

harm of others.

One of the more controversial issues was the recent 2 Live

Crew incident involving obscenity in rap music. Their record, “As

Nasty as They Wanna Be,” was ruled obscene in federal court. They

were acquitted of the charges and quickly became a free speech martyr.

Although many stores pulled the album, over two million copies sold

as a result of the incident. I feel that in this case the principles

of free speech have been abused because young children can purchase

and listen to this obscene music.

The American flag, symbol of our country’s history and

patriotism, has also become a topic of controversy. The controversy

was over the right to burn the flag without punishment. Supreme Court

Justice William Brennan offered the response that “if there is a

bedrock principle underlying the First Amendment, it is that the

Government may not prohibit the expression of an idea simply because

society finds the idea itself offensive or disagreeable.” Burning the

flag is considered a form of symbolic speech and therefore is

protected under the First Amendment. As in the 2 Live Crew case, I

feel that we are protecting the wrong people in this case. The

minority is given precedence at the sacrifice of the majority.

The book, American Voices, is a collection of essays on the

freedom of speech and censorship. I chose to put this collection of

essays into my book because they represent the strong central theme of

freedom of expression as the cornerstone of American government,

culture and life. Each essay strongly defends a case for free

commercial speech. Each was generally in favor of fewer limitations

on freedom of expression.

The American voice on freedom has been shaped throughout the

course of history by the initial democratic notions of the immigrants

to the same desire for greater freedom that we have today. The

freedom of speech has constantly been challenged and will continue to

be challenged in the future. It is important that we learn from the

precedented cases of the past of our constitutionally protected rights

so that in the future authority will not violate our freedoms or

oppress our liberty.

Ever since colonial times, the protection of personal freedoms

in the United States has been significantly important. Even in the

early stages of American history there was an urge to put legally

protected freedoms into written government documents. The result was

the drafting of the first ten amendments to the Constitution, the Bill

of Rights, by James Madison. The applications of the personal

freedoms described in the Bill of Rights, particularly the freedom of

speech, have been challenged repeatedly in American courts of law and

elsewhere. These incidents and challenges of authority reflect the

defensive American attitude toward the ever important freedom of

expression and the growing significance of personal rights throughout

American history.

In Colonial America, members of diverse nationalities had

opposing views on government, religion, and other subjects of

interest. Serious confrontations were prevented because of the vast

lands that separated groups of varying opinions. A person could

easily settle in with other like believers and be untouched by the

prejudices and oppression of others. For this reason, Unitarians

avoided Anglican or Puritan communities. Quakers and Anabaptists were

confined to Pennsylvania and Rhode Island while Catholics were mainly

concentrated in Maryland. As the United States grew larger and

larger, these diverse groups were forced to live together. This may

have caused individual liberties to be violated because of the

distrust and hostile feelings between ethnic and religious groups.

Most of the initial assemblies among the colonies considered

themselves immune from criticism. They actually issued warrants of

arrest, interrogated, fined, and imprisoned anyone accused of libeling

the assembly as a whole or any of its members. Many people were

tracked down for writing or speaking works of offense.

The first assembly to meet in America, the Virginia House of

Burgesses, stripped Captain Henry Spellman of his rank when he was

found guilty of “treasonable words.” Even in the most tolerant

colonies, printing was strictly regulated. The press of William

Bradford was seized by the government when he printed up a copy of the

colony’s charter. He was charged with seditious libel and spent more

than a year in prison.

A more famous incident was the trial of John Peter Zenger

which established the principle of a free press. In his newspaper he

published satirical ballads regarding William Cosby, the unpopular

governor, and his council. His media was described “as having in them

many things tending to raise seditions and tumults among the people of

this province, and to fill their minds with a contempt for his

majesty’s government.” The grand jury did not indict Zenger and the

General Assembly refused to take action. The defendant was acquitted

on the basis that in cases of libel the jury should judge both law and

the facts.

James Alexander was the first colonial writer to develop a

philosophy on the freedom of speech. He founded the American

Philosophical Society and masterminded the Zenger defense.

Alexander’s chief conviction was “Freedom of speech is a principal

pillar in a free government: when this support is taken away, the

constitution is dissolved and tyranny is erected on its ruins.”

The original Constitution did not contain a bill of rights

because the convention delegates felt that individual rights were in

no danger and would be protected by the states. However, the lack of

a bill of rights was the strongest objection to the ratification of

the Constitution.

Less than a decade after the Bill of Rights had been adopted

it met its first serious challenge. In 1798, there was a threat of

war with France and thousands of French refugees were living in the

United States. Many radicals supported the French cause and were

considered “incompatible with social order.” This hysteria led

Congress to enact several alien and sedition laws. One law forbade

the publication of false, scandalous or malicious writing against the

government, Congress or the President. The penalty for this crime was

a $2,000 fine and two years in prison.

The public was enraged at these laws. Thomas Jefferson and

James Madison pleaded for freedom of speech and the press. The alien

and sedition laws became a prime issue in the presidential election of

1800. Soon after Jefferson was elected, the Sedition Act expired and

those who had been convicted under it were immediately pardoned.

The next attack on the First Amendment occurred in 1835.

President Andrew Jackson proposed a law that would prohibit the use of

mail for “incendiary publications intended to instigate the slaves to

insurrection.” John C. Calhoun of South Carolina led a special

committee that opposed the proposal on grounds that it conflicted with

the First Amendment. The proposal was defeated because it was a form

of censorship.

The next violation of the principles contained in the First

Amendment came on January 2, 1920. Under the direction of A. Mitchell

Palmer, Woodrow Wilson’s Attorney General, about 500 FBI agents and

police raided 3,000 Russians and other European immigrants, looking

for Communists to deport. The victims were arrested without warrants,

homes were ransacked, personal property was seized, and they were

hauled off to jail.

An even more vicious episode was known as “McCarthyism,” an

incident in the 1950’s when Senator Joseph R. McCarthy of Wisconsin

proclaimed that the federal government had been thoroughly infiltrated

by Communist agents. His attacks on United States information

libraries abroad led to the burning of some books accused of being

Communist propaganda. Reduced congressional support caused many

librarians to resign and the closing of libraries.

On the morning of December 16, 1965, thirteen year old Mary

Beth Tinker went to school in Des Moines, Iowa. She and her fifteen

year old brother, John, had decided to wear black armbands as a

protest to the Vietnam War. In advance to their arrival, the

principal had decided that any student wearing an arm- band would be

told to remove it, stating that, “The schools are no place for

demonstrations.” If the student refused, he would be suspended until

the armband was permanently removed. On December 16, the Tinkers

refused to remove their armbands. They were suspended and did not

return to school until after January 1, when by a previous decision

the protest had ended.

The students brought suit in federal court to confirm their

First Amendment right to wear the black armbands. They lost in The

Federal District Court on grounds that this type of symbolic

expression might disturb school discipline. The United States Court

of Appeals for the Eighth Circuit was divided equally (44) so

the decision remained unchanged.

On February 24, 1969, the United States Supreme Court decided

in the students’ favor by a vote of 7 to 2. The Tinker v. Des Moines

Independent School District decision was a landmark case for students’

rights and liberties. Speaking for the majority of the Court, Justice

Abe Fortas wrote, “It can hardly be argued that either students or

teachers shed their constitutional rights to freedom of speech or

expression at the schoolhouse gate.”

During the sixties and early seventies a new wave of court

battles for First Amendment freedoms emerged. The freedom of speech

was recognized as a vital element in a democratic society. Censorship

and the infringement of First Amendment rights, especially among

students and their newspapers, could not and would not be tolerated.

American citizens took a firm stand against the government and

authority at important times when they could have yielded to the

oppressive violations of their rights.

—

ENDNOTES

“Amendments to the Constitution.” Collier’s Encyclopedia, 1965 ed.

Langston Hughes, The Panther and the Lash (New York: Alfred A. Knopf,

Inc., 1967), 55.

Langston Hughes, Selected Poems (New York: Alfred A. Knopf, Inc.,

1981), 291-293.

Ray Bradbury, Fahrenheit 451 (New York: Ballantine Books, 1973).

Donna Leusner, “Social Services Advocates Rally for ‘Human’ Touch in

State Budget,” The Star Ledger, 9 April 1991: A-3.

“Student Wins Freedom of Speech Case,” Daily Record, 24 April 1991:

A-2.

Bob McHugh, “‘Free Speech’ Moves for School Newspapers,” The Star

Ledger, 4 May 1991: A-3.

Cathy Bugman, “Monmouth Grads Hear Top Lawyer Defend Broad Right to

Free Speech,” The Star Ledger, 27 May 1991: A-9.

David Gates, “The Importance of Being Nasty,” Newsweek, 2 July 1990:

52. Walter Isaacson, “O’er the Land of the Free,” Time, 3 July 1989:

14-15.

American Voices (New York: Phillip Morris, 1987).

The First Freedom Today (Chicago: American Library, 1984), 3-7

Nat Hentoff, The First Freedom (New York: Dell Publishing Co., 1980),

4.

—

BIBLIOGRAPHY

“Amendments to the Constitution.” Collier’s Encyclopedia. 1965

ed.

American Voices. New York: Phillip Morris, 1987.

Bollinger, Lee. C. The Tolerant Society. New York: Oxford University

Press, 1986.

Bradbury, Ray. Fahrenheit 451. New York: Ballantine Books, 1973.

Bugman, Cathy. “Monmouth Grads Hear Top Lawyer Defend Broad Right to

Free Speech.” The Star Ledger, 7 May 1991: A-9.

First Freedom Today, The. Chicago: American Library Association,

1984.

Gates, David. “The Importance of Being Nasty.” Newsweek, 2 July 1990:

52. Hentoff, Nat. The First Freedom. New York: Dell Publishing Co.,

1980.

Hughes, Langston. The Panther and the Lash. New York: Alfred A.

Knopf, Inc., 1967.

Hughes, Langston. Selected Poems. New York: Alfred A. Knopf, Inc.,

1981.

Isaacson, Walter. “O’er the Land of the Free.” Time, 3 July 1989:

14-15.

Kalven, Harry, Jr. A Worthy Tradition. New York: Harper and Row,

1988.

Leusner, Donna. “Social Services Advocates Rally for ‘Human’ Touch in

State Budget.” The Star Ledger, April 1991: A-3.

McHugh, Bob. “‘Free Speech’ Moves for School Newspapers.” The Star

Ledger, 4 May 1991: A-3.

“Student Wins Freedom of Speech Case.” Daily Record, 24 April 1991:

A-2.