Freedom in the United States

Essay submitted by acesea@earthlink.net

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

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

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First Freedom Today, The. Chicago: American Library Association, 1984.

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Hughes, Langston. The Panther and the Lash. New York: Alfred A. Knopf, Inc., 1967.

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