Its not clear what level of education an American needs to attain to understand how many affronts there have been against Freedom of Speech in US history.
Today there are passionate arguments with good examples from both sides about how the other side is limiting free speech. It is a great topic to arouse emotions because it IS the FIRST amendment, and it seems so fundamental to our political system. And it is self-evident that any efforts to suppress ideas thwarts progress and exacerbates political tensions.
Suppression of speech does not have to come from political elite to be harmful; it can also become a part of society. For instance, during slavery, speech advocating for emancipation was routinely outlawed in the south. And today, book-banning in local communities and the suppression of speech on college campuses are not the result of actions by politicians.
To hear about why suppression can be so pernicious, I highly recommend reading “The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure” by Jonathan Haidt (Author, Narrator) and Greg Lukianoff (Author).
While it is true that we face threats today, unfortunately the American political system (elected official, courts, non-governmental actors working with support of the government) has been used against free speakers regularly throughout our history. It is as if enshrining it as the first and most important right was to empower those who would need to fight for it forever.
Some major examples:
1798: Alien and Sedition Acts: These acts, passed by President John Adams' Federalist administration, criminalized criticism of the government. The acts were highly controversial and helped lead to the downfall of the Federalists. Newspapers editors were arrested and prosecuted for criticizing the government including Benjamin Franklin Bache, grandson of Benjamin Franklin.1
1800s (Early Decades): Slave Rebellions and Free Speech: Discussions and writings about slavery were often restricted in the South. However, free Black activists and some white abolitionists continued to speak out against slavery despite the risks.
1830s and 1840s: Antislavery Petitions and "Gag Rules": Antislavery petitions flooded Congress in the 1830s. In response, the House of Representatives passed "gag rules" that prevented discussion of these petitions. This suppression of free speech on a critical issue sparked outrage and debate.2
Comstock Act of 1873: A federal statute passed by the U.S. Congress in 1873 criminalized “obscenity”.
Eugene V. Debs was prosecuted and found guilty under the 1917 Espionage Act. Debs was an enormously popular and famous labor organizer and Socialist Party candidate for U.S. president five times between 1900 and 1920.“ [He] was one of thousands of socialists jailed during the First World War and the Red Scare that followed, when the Justice Department effectively tried to outlaw socialism. His defense attorney compared him to Christ—“You shall know him by his works”—and called no one to the stand but Debs, who, during a two-hour oration, talked less about socialism than about the First Amendment. “I believe in free speech, in war as well as in peace,” Debs told the court. “If the Espionage Law stands, then the Constitution of the United States is dead.”3
On this one issue, despite how extreme the world looks according to those who want your attention, we have had difficult times on the issue of Freedom of Speech in the past- seemingly much more difficult.
It may be that in today’s world, the threats to our society are not as serious because efforts to combat them are may be so much better organized and more effective than in the past. For example, the Foundation for Individual Rights and Expression (FIRE, HERE) has grown significantly over the years into an effective watchdog and legal protector of individual rights on college campuses and beyond, and their efforts protect speech and individual rights on both sides of the isle.
Note: The author of “Coddling” above is also President of FIRE.
Foundation for Individual Rights and Expression fire.org
First Amendment Timeline - The Free Speech Center - MTSU mtsu.edu
Lepore, Jill. The Deadline: Essays (p. 76). Liveright. Kindle Edition.
