How did the Espionage and Sedition Acts impact freedom of speech?
In 1917, Congress passed the Espionage Act in an attempt to block the expression of views harmful to the United States. It was amended and strengthened one year later by the Sedition Act. United States in 1919, the Supreme Court unanimously ruled that the Espionage Act did not violate freedom of speech.
What was the effect of passage of Espionage and Sedition Acts?
As the war rolled on and more American soldiers died, Congress doubled down on disloyal speech and passed the Sedition Act of 1918, which amended and expanded on the Espionage Act to target any speech that could be interpreted as criticizing the war effort, the draft, the U.S. government or the flag.
Can schools violate the First Amendment?
Yes. The First Amendment applies to all levels of government, including public schools. This meant that when public schools were founded in the mid-19th century, students could not make First Amendment claims against the actions of school officials. The restrictions on student speech lasted into the 20th century.
What kind of speech does the First Amendment protect?
The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography.
What is the difference between protected and unprotected speech?
Plainly put, child pornography is an unprotected category of expression. Commercial expression that concerns illegal activity, or commercial expression that is false or misleading. Commercial speech is only protected if it contains legal activity and if it’s content is true and not misleading.
Should symbolic speech be protected?
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.