Amendment Number 1 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 (4-4) 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.

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, 27 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, 9 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