Protests and war have been long debated aspects of the freedom of speech guaranteed by the first amendment. Over the course of American history, the government has tried to eclipse the freedom of assembly, another right guaranteed by the first amendment, many times. Many have also questioned whether the freedom of speech should be partially or fully removed during wartimes. These issues were extremely prevalent when the United States entered World War I in 1917, as many debated the existing constitutional rights of citizens as the country entered a massive international war, and in the early 1940's as the United States decided to join and fight in World War II.
Should free speech and other constitutional rights be limited in times of war?
Robert La Follete's Address to the Senate on Free Speech in War Time
Senator Robert La Follete, in his senate address on free speech in war time, discussed the role of constitutional rights of citizens during times of war. He acknowledges that it may be justified that some rights be temporarily altered for the sake of the country, but argues that it is important for citizens to keep control. He also acknowledges the value of free speech during war time. While some governments believe that it can lead to dissension and riots, La Follete argued that it can instead lead to effective solutions. He opposed the restriction of free speech and instead, claimed it to be essential to the resolution of international and domestic "Senate Address on Free Speech in War Time Title." 6 Oct. 1917. American
Rhetoric, www.americanrhetoric.com/speeches/ robertlafollettefreespeecninwartime.htm. Accessed 1 Nov. 2017. Speech. THE FOUR FREEDOMS: |
The right to control their own Government according to constitutional forms is not one of the rights that the citizens of this country are called upon to surrender in time of war. Rather in time of war the citizen must be more alert to the preservation of his right to control his Government. He must be most watchful of the encroachment of the military upon the civil power. Have the people no intelligent contribution to make to the solution of the problems of this war? I believe that they have, and that in this matter, as in so many others, they may be wiser than their leaders, and that if left free to discuss the issues of the war they will find the correct settlement of these issues." |
These pictures are propaganda that Roosevelt used to stress what, in his opinion, where the most important democratic freedoms.
By using imagery of rosaries, and the wording "Each according to the dictates of his conscience," it encourages citizens to buy war bonds to save freedom of worship. This propaganda simultaneously states the importance of religious freedom, while also asking citizens to buy war bonds.
Rockwell, Norman. Save freedom of worship: Each according to the dictates of his own conscience : buy war bonds. 1943. University of North Texas, digital.library.unt.edu/ark:/67531/metadc152/. Accessed 12 Jan. 2018. |
This propaganda also is an attempt to justify the US's entry into the war. It symbolizes that citizens should have the freedom to be free from fear. The imagery uses pictures of children sleeping to appeal to emotion regarding the innocence of children.
Rockwell, Norman. Ours to Fight For: Freedom from Fear. 1943. University of North Texas, digital.library.unt.edu/ark:/67531/metadc372/. Accessed 12 Jan. 2018. |
This imagery shows a happy family at a dinner, eating a large turkey. This attempts to appeal to American citizen's emotional attachment to ideas such as family and luxury, and encourages them to support the war.
Ours to Fight For: Freedom from Want. 1943. Indianapolis Museum of Art, collection.imamuseum.org/artwork/62083/. Accessed 12 Jan. 2018. |
This is another piece of propaganda that is serving as a reminder that the war defends freedom, especially freedom of speech.
Save Freedom of Speech: Buy War Bonds. 1943. Hennepin County Library, digitalcollections.hclib.org/cdm/ref/collection/p17208coll3/id/955. Accessed 12 Jan. 2018. |
These four pieces of propaganda all encourage citizens to support the 'four freedoms,' one of these freedoms being the freedom of speech. All four of these connect to each other; they all are rooted in the same theme of individual freedom and anti-tyrannical government. It would not be possible to truly have freedom of speech without also having the freedom of religion, fear, and want. These are, in Roosevelt's opinion, the four most important freedoms of a democratic country.
Franklin D. Roosevelt's Address to the 77th Congress
In his address to Congress on January 6, 1941, President Franklin Roosevelt delivered this speech stressing the importance of fighting for democratic freedoms and against the reigning dictatorships that prevailed around the world. He spoke primarily about defending what he considered to be the four most important individual freedoms: freedom of worship, freedom from fear, freedom from want, and freedom of speech. The United States entered World War II just months after on December 7, 1941.
In his address to Congress on January 6, 1941, President Franklin Roosevelt delivered this speech stressing the importance of fighting for democratic freedoms and against the reigning dictatorships that prevailed around the world. He spoke primarily about defending what he considered to be the four most important individual freedoms: freedom of worship, freedom from fear, freedom from want, and freedom of speech. The United States entered World War II just months after on December 7, 1941.
"No realistic American can expect from a dictator’s peace international generosity, or return of true independence, or world disarmament, or freedom of expression, or freedom of religion -- or even good business." |
"The need of the moment is that our actions and our policy should be devoted primarily -- almost exclusively -- to meeting this foreign peril. For all our domestic problems are now a part of the great emergency." |
Franklin Roosevelt explains the four freedoms in his famous speech "The Four Freedoms." This speech was both to establish the important of democratic freedoms including freedom of speech, but also to justify the United State's reasoning for entering the war.
Roosevelt, Franklin D. "The Four Freedoms." 6 Jan. 1941. American Rhetoric,
www.americanrhetoric.com/speeches/fdrthefourfreedoms.htm. Accessed 12 Jan. 2018. Speech. |
"Four Freedoms Speech." Youtube, uploaded by FDR Library, 5 Jan. 2016,
www.youtube.com/watch?v=qrNDwyj4u1w. Accessed 12 Jan. 2018. |
How does freedom of speech affect protests and freedom of assembly?
"Reds March on Washington." 1949
"Reds March on Washington." Records of Rights, 1949, recordsofrights.org/records/362/reds-march-on-washington-video. Accessed 26 Oct. 2017. |
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Whitney v. California
“Fear of serious injury cannot alone justify suppression of free speech and assembly…. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced… that the danger apprehended is imminent…. the evil to be prevented is a serious one.”
Charlotte Anita Whitney was a founder of the Communist Labor Party, which had a following that, in many cases, used illegal methods to promote change in the government.
“Fear of serious injury cannot alone justify suppression of free speech and assembly…. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced… that the danger apprehended is imminent…. the evil to be prevented is a serious one.”
Charlotte Anita Whitney was a founder of the Communist Labor Party, which had a following that, in many cases, used illegal methods to promote change in the government.
Whitney was charged with violating the California Criminal Syndicalism Act on the basis that she had helped to organize a group that sought to effect economic and political change through the unlawful use of violence."
Whitney was charged with violating the California Criminal Syndicalism Act.
The Act is described as "organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet criminal syndicalism. However, Whitney argued that it was not her intention to invoke the violent reaction that she did. |
This case poses the question:
Should language that possibly incites violent be criminalized? Whitney v. California. 16 May 1927. Justia US Supreme Court,
supreme.justia.com/cases/federal/us/274/357/case.html. Accessed 12 Jan. 2018. 274 US Supreme Court. |
Protests in 2017:
In 2017, one of the most prominent forms of protests has involved the national anthem. Many football players across the country have chosen to kneel during the anthem to protest racial injustices within the justice system and throughout America. This protest, while a legal demonstration of the freedom of assembly and speech, has been the target of much controversy and disproval, even from the POTUS himself, who insinuated that protesters should be fired: "Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a (expletive) off the field right now. Out. He’s fired. He’s fired!'” This mindset directly parallels past presidents such as Franklin Roosevelt, who was willing to send enter the United States into World War II to protect unalienable rights like free speech. Football is an integral part of American culture; it is also one of the most popular sports to watch. Because of it's large viewership, a protest has a long lasting impact that can reach viewers all over the country. Many argue that political protests don't have place in football, and that it should remain neutral regarding political matters. This picture depicts the majority of one of the NFL football teams kneeling in protest. Almost half of the team is kneeling, with the others holding hands in support and solidarity.
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"According to former Yale Law School Dean Robert Post, President Trump threatening or using the powers or imprimatur of his office to coerce a private entity like the NFL to take action against a citizen in retaliation for that citizen’s expression, could constitute a violation of the First Amendment’s free speech guarantee." |
Conyers, John. "NFL Owners Must Protect Players’ Free Speech and Congress Must
Move on Criminal Justice Reform." The Huffington Post, 27 Sept. 2017,
www.huffingtonpost.com/entry/
conyers-says-congress-must-move-on-criminal-justice_us_59cbea80e4b028e6bb0a677f.
Accessed 2 Nov. 2017.
Move on Criminal Justice Reform." The Huffington Post, 27 Sept. 2017,
www.huffingtonpost.com/entry/
conyers-says-congress-must-move-on-criminal-justice_us_59cbea80e4b028e6bb0a677f.
Accessed 2 Nov. 2017.