Should The Citizens Obey The State Law?

According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).

In Anthony Lewis’ Freedom for the Thought That We Hate, the author explores the history of the first amendment in the constitution, and goes through multiple examples of instances in American history where our true freedom of speech was questioned.

1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:

America’s first president George Washington once argued at the [whenever he said this] that “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” It is an essential component to the daily life of any constitutional republic, such as that of the United States even though it is a right granted to all American citizens, in the past, freedom of speech has been abridged to accommodate political correctness, to prevent disruptive behavior that could negatively affect others, and to protect confidential military information.

Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917. This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this

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.

Back in the year of 1791, when our grand country was at the tender age of fifteen, two gentlemen gathered together to form a written document that would protect their newly attained freedom. These written principles, later know as the Bill of Rights, were penned primarily by George Mason and James Madison. The Founding Fathers of the American public’s home country. It is interesting to note that not only were these two men the authors of Bill of Rights but were also successful in their own careers too. George Mason, a prospering planter in the state of Virginia and James Madison a graduate of the College of New Jersey, known as present day Princeton. Madison was a lawyer by trade, but was driven with a profound interest in ministry. They came together to compose one of the greatest treasures in the nation’s history: the Bill of Rights. In this written expository, this author will be discussing the first of the ten of these amendments: the amendment that guarantees Americans the freedom of Speech. The necessity of free speech and the important values it contains is a main foundation for this country, therefore, Rosenblatt 's argument for the freedom of “expression” is valid because it certifies our right to speak freely, form an opinion, and exercise the correct function of democracy while on American soil.

All you ever hear about in the news lately is people getting in trouble for speech. Many Americans embrace freedom of speech for the same reasons they embrace other aspects of individualism. Freedom of speech is the right to defiantly, robustly and irreverently speak one's mind just because it is one's mind. Freedom of speech is thus bonded in special and unique ways to the human capacity to think, imagine and create. Conscience and consciousness are the sacred precincts of mind and soul. Freedom of speech is intimately linked to freedom of thought, to that central capacity to reason and wonder, hope and believe, that largely defines our humanity (Smolla).

In Gitlow v. New York, the petitioner was charged with criminal anarchy for advocating a socialist reform in the United States. In 1919, he had published a socialist manifesto and was preparing a mass distribution throughout New York City. The Court held that the State’s statute fell within ordinary scrutiny, and a reasonable means of exercising the police powers of the State. Justice Sanford held that a state has the power to prevent disturbing the peace and restrict speech that has the potential to incite violence, even though there may be no immediate threat of such action. Gitlow set the precedent for the “Bad Tendency” test, where freedom of speech and press does not give an individual the unmitigated right to any speech or publication without being held responsible for the results.

Free speech is the backbone that holds democracy together.  Without a free speech, ideas would not be challenged, governments would not be kept in check, and citizens would not be free.  John Stuart Mill said once that, “If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person then he, if he had the power, would be justified in silencing mankind.”( Roleff, 21). The right to free speech is essential to “egalitarian democracy,”(Tsesis) however, this right is not absolute and must be limited in certain situations.

After reading Freedom for the Thought That We Hate, I personally have become to consider Oliver Wendell Holmes a First Amendment hero. There are two cases the Lewis describes from the book where I really feel Holmes made an impact on free speech as it is today, Abrams vs. United States and Schenck vs. United States. In the case of Abrams vs. United States, four radicals threw leaflets from the top of a New York building urging a general strike in protest against Woodrow Wilsons decision to send American troops into Russia. They were charged for “attempt to hurt the war against Germany,” and all four were convicted. Holmes made a powerful argument he said that “to punish speech that produces and is intended to produce a clear and imminent danger that will bring about forthwith certain substantive evils.” (Lewis,

In On Liberty (1859), John Stuart Mill was a strong believer of freedom of speech. He identifies the Harm principle to protect the freedom of thought and expression. He argues that people should not be silenced for expressing their opinion or how they feel based on their beliefs. He declares four vaguely arguments and makes several examples as to why freedom of speech is a very important aspect to society. In this paper, I argue that Mill is correct in declaring that we have the right to express our opinions as long as it does not bring harm to others. First, I will define how Mill uses the harm principle to declare his argument and the four distinct reasons for freedom of opinion and the expression of opinion. Secondly, I will declare my viewpoint based on why I agree with the harm principle as well as Mill’s argument following that we have a right to freedom of expression.

On this world today free speech has been a standout amongst the most battled after rights in the United Conditions of America. The right to speak freely was received on December 15, 1791. The right to speak freely is secured by the main correction in the Constitution of United States, which is the privilege to explain one’s suppositions and thoughts without dread of government countering or control, or societal endorse. Free discourse is imperative in the public arena since we are allowed to create as individuals and end up noticeably mindful of what is happening around us. The right to speak freely played an extremely vital part in how and our identity today and is the principle motivation behind why we

“Laws are like sausages, it is better not to see them being made”.This quote is said by Otto von Bismarck.I agree with this because the government make laws that will make people happy or mad because they do not think that the law will apply to them.Some people like to have a say in when the government is making the laws.People just like to see the laws, but they really do not know how they really are made and how long it takes for the laws to get passed.Some people time all it takes is a month for it to pass but it take longer.But I am not sure how took back then then to pass these laws that U.S. might have.They laws that I will be telling out about are from World War.The Espionage Act: punished anyone found guilty of helping the enemy, hindering recruitment, or inciting revolt.The Sedition Act: prohibited any speech that was disloyal, profane, scurrilous, or abusive.Trading with the Enemy Act: the postmaster general gained the power to censor any publications exchange with other countries.Some of these laws might seem harsh or not harsh enough. However it depends on how you take look at the acts to see if they were actually helpful or not helpful to the U.S.The Espionage Act, Sedition Act and Trading with the Enemy Act was too harsh or not harsh enough.

The freedom to be able to express your own opinion is an ideology that is supported by many, however the act of promoting harm or hate is where freedom should be restricted. Freedom of speech is a right for citizens of many countries, but these citizens may agree or disagree on what is allowed to be expressed. Many people share the belief that they can say anything they want because their freedom entitles them to express any opinion they would like. In contrast, many people believe that you shouldn’t be able to say anything you want and that there should be restrictions on the type of things that you can say. In the novel On Liberty by John Stuart Mill, Mill argues that freedom of speech should be limited if and when it is harming other people in the process. Mill explains this argument by stating that silencing an unpopular opinion is unjustifiable because in order to successfully express your opinion, you must listen to the criticism. I agree with Mill’s position regarding freedom of speech based on the fact that he doesn’t support hate speech, and that there should be reasonable limits on freedom of speech in order to have an ideal democratic society. This essay will outline the justifications for Mill’s argument surrounding freedom of speech, the limitations that Mill believes should be set on freedom of speech as well as the assumptions that his argument depends on, and finally my personal viewpoint on Mill’s argument. Freedom of speech is a right that should be guaranteed to every citizen around the world, however when this speech negatively affects or harms other humans in the process, it is thereby considered hate speech which must be condemned.