Essay about First Amendment

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First Amendment The modern American conception of freedom of speech comes from the principles of freedom of the press, and freedom of religion as they developed in England, starting in the seventeenth century. The arguments of people like John Milton on the importance of an unlicensed press, and of people like John Locke on religious toleration, were all the beginning for the idea of the “freedom of speech”. By the year of 1791, when the First Amendment was ratified, the idea of “freedom of speech” was so widely accepted that it became the primary, and a very important issue in the amendment. “Freedom of press” came with it to insure that the written and printed as well as oral communication was protected: “Congress shall make no…show more content…
It does not even protect a man from an injunction against uttering words that may have all the effect of force.” The “clear and present danger” rule came out of this. He also wrote “Circumstances that would create a clear and present danger, Congress has a right to prevent…. When a nation is at war many things that mighty be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.” Charles T. Schenck was sentenced to a maximum of twenty years in a federal penitentiary. This case had a great impact on the country, because it gave rise to a “clear and present danger” rule. The trial of Abrams vs. United States took place on October 21 and 22 of the year 1919. They have violated the Espionage Act of Congress (section 3, title I, of Act June 15, 1917, c. 30, 40 Stat. 219, as amended by Act May 16, 1918, c. 75, 40 Stat. 553 [Comp. St. 1918, 10212c]). They were convicted on the basis of these four counts: (1) used bad language about the form of the government of the United States, (2) usage of the type of a language which could/intended to bring the form of government of the United States into contempt, (3) usage of the language intended to incite, provoke and encourage resistance to the United States in said war, (4)
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