This annotated document collection surveys the history and evolution of laws and attitudes regarding free speech and censorship in the United States, with a special emphasis on contemporary events and controversies related to the First Amendment.
The United States' collective understanding of First Amendment freedoms was formed by more than 200 years of tensions between the power of word and the power of the government. During that time, major laws and legal decisions defined the circumstances and degree to which personal expression could be rightfully expressedand rightfully limited.
This struggle to define the parameters of free speech continues today. Vibrant and passionate debates about First Amendment limitations once inspired by the dissemination of birth control information now address such issues as kneeling during the national anthem, removing controversial books from public libraries, attempts by the Trump administration to muzzle the press, and disseminating false or hateful information through social media platforms. By exploring diverse examples of censorship victories and triumphs of free expression, readers will better understand the enormous impact of First Amendment freedoms on American society.
- Chronological history of important milestones, documents, and events that have shaped the nation's understanding of freedom of speech/press and censorship, as well as the limitations of each
Primary source selection that illuminates the importance of First Amendment freedoms as critical elements of democracy in the United StatesInformative, authoritative, and balanced introductory headnotes for each primary source to help readers understand the context in which they were createdReaders Guide to Related Documents and sidebars
"This annotated document collection surveys the history and evolution of laws and attitudes regarding free speech and censorship in the United States, with a special emphasis on contemporary events and controversies related to the First Amendment"--
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This is a solid reference source, suitable for introducing students to primary source research. It deserves shelf space in academic library collections and in secondary school libraries. * Booklist *
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Winner of 2023 Outstanding Reference Source 2023 and Best Reference of 2022 2023.This annotated document collection surveys the history and evolution of laws and attitudes regarding free speech and censorship in the United States, with a special emphasis on contemporary events and controversies related to the First Amendment.
Reader's Guide to Related Documents
Preface
Acknowledgments
Introduction
1. Censorship and Suppression of Speech in Early America (17761920)
Document
1. First Amendment of the Constitution, in the Bill of Rights
(1791)
Document
2. Sedition Act of 1798 (1798)
Document
3. President Lincoln's Letter on Habeas Corpus to Erastus Corning
(1863)
Document
4. Anthony Comstock's "Vampire Literature" (1891)
Document
5. Espionage Act of 1917 (1917) and Sedition Act of 1918 (Amendment
to 1917 Espionage Act) (1918)
Document
6. New York Times Article "Emma Goldman and A. Berkman behind the
Bars" (1917)
Document
7. Justice Holmes Presents the "Clear and Present Danger" Rule in
Schenck v. United States (1919)
Document
8. Zechariah Chafee Jr.'s "Freedom of Speech in War Time" (1919)
2. Debating the Extent of Free Speech Rights (19201950)
Document
9. "A Case against the Reds" by U.S. Attorney General A. Mitchell
Palmer (1920)
Document
10. Gitlow v. New York: Public Safety and the Fourteenth Amendment
(1925)
Document
11. Supreme Court Concurring Opinion in Whitney v. California
(1927)
Document
12. Motion Picture Production Code (The Hays Code) (1930)
Document
13. Message from President Roosevelt to Congress Recommending
Creation of a Federal Communications Commission (1934)
Document
14. Letter from Ten-Year-Old William Gobitas to the Minersville
School Board (1935); Justice Stone's Dissent in Minersville School District
v. Gobitis
Document
15. Alien Registration Act of 1940 (1940)
Document
16. President Roosevelt's Letter to the American Society of
Newspaper Editors (1941)
Document
17. President Roosevelt Establishes the Office of Censorship (1941)
Document
18. Supreme Court's Majority Opinion in Chaplinsky v. New Hampshire
(1942)
Document
19. President Truman's Veto of the Internal Security Act (McCarran
Act) (1950)
Document
20. Senator McCarthy's "Enemies from Within" Speech (1950); Excerpts
from the Declaration of Conscience Speech Given by Senator Margaret Chase
Smith
3. Momentous Rulings amid Political and Cultural Change (19501980)
Document
21. Supreme Court's Majority Decision in Roth v. United States
(1957)
Document
22. Supreme Court's Majority Opinion in New York Times Co. v.
Sullivan (1964)
Document
23. President Johnson's Statement upon Signing the Freedom of
Information Act (1966)
Document
24. Supreme Court's Majority Decision in Tinker v. Des Moines
(1969)
Document
25. Supreme Court's Majority Opinion in Brandenburg v. Ohio (1969)
Document
26. Speech Given by Ohio Governor Rhodes after Kent State Shootings
(1970); Excerpts from the 1970 Report of the President's Commission on Campus
Unrest (1970)
Document
27. Morality in Media Cofounder Condemns the Final Report of the
Commission on Obscenity and Pornography (1970)
Document
28. Amicus Brief Filed by ACLU for New York Times Co. v. United
States (the Pentagon Papers Case) (1971)
Document
29. Supreme Court Majority Opinion in Miller v. California (1973)
Document
30. Supreme Court Ruling in Federal Communications Commission v.
Pacifica Foundation (1978)
4. Culture Wars, Student Rights, and Challenges to Free Speech (19802000)
Document
31. Supreme Court Decision in Board of Education, Island Trees Union
Free School District v. Pico (1982)
Document
32. Excerpts from New York v. Ferber Supreme Court Ruling (1982)
Document
33. Excerpts from the Supreme Court Ruling in Bethel School District
No. 403 v. Fraser (1986)
Document
34. Excerpts from the Supreme Court Decision in Hustler Magazine,
Inc. v. Falwell (1988)
Document
35. A Narrow Supreme Court Decision on Flag Burning in Texas v.
Johnson (1989)
Document
36. Senators Condemn Using Federal Funds to Support "Abhorrent" Art
(1989); Letter from Harvey Lichtenstein, President and Executive Producer of
the Brooklyn Academy of Music, Defending the National Endowment for the Arts
Document
37. Congressional Hearing on "Violent Video Games: What Parents Need
to Know" (1993)
Document
38. Cyberporn and Children: The Scope of the Problem, the State of
the Technology, and the Need for Congressional Action (1996)
5. The First Amendment in the Post-9/11 Era (20012015)
Document
39. "On Opposing the USA PATRIOT Act" by Senator Russell Feingold of
Wisconsin (2001); Testimony of Attorney General John Ashcroft to the Senate
Committee on the Judiciary on the PATRIOT Act
Document
40. Editorial Cartoon by Ann Telnaes Titled Adulterer? (2001)
Document
41. Ashcroft v. Free Speech Coalition Supreme Court Decision (2002)
Document
42. Arkansas District Court Strikes Down Harry Potter Book Banning
in Counts v. Cedarville School District (2003)
Document
43. Testimony of James E. Hansen on Science Censorship to Committee
on Oversight and Government Reform (2007); Statement Issued by Presidents of
National Academy of Sciences and National Academy of Medicine: "NAS and NAM
Presidents Alarmed by Political Interference in Science amid Pandemic"
Document
44. President Obama Calls for Increased Openness and Transparency in
Government (2009); Letter from Journalists to President Obama Accusing His
Administration of Straying from Its Vows of Government Transparency
Document
45. Obama White House Press Reaction to Wikileaks Release of
Classified Documents (2010)
Document
46. Excerpts from Citizens United v. Federal Election Commission
Supreme Court Decision (2010)
Document
47. Syllabus from Supreme Court Case Elonis v. United States (2015)
Document
48. Foundation for Individual Rights in Education (FIRE) President
Greg Lukianoff Decries Free Speech Restrictions on College Campuses (2015)
6. Freedom of the Press and Censorship during the Trump Years (20162021)
Document
49. The Committee to Protect Journalists Calls Trump "a Threat to
Press Freedom" (2016); Selected Tweets from President Donald J. Trump's
Twitter Account
Document
50. Summary of "Allow States and Victims to Fight Online Sex
Trafficking Act of 2017" (2018)
Document
51. Statement in Support of Freedom of the Press from Eighty
Organizations "Committed to the First Amendment" (2017)
Document
52. Selected Tweets of President Trump Regarding the NFL National
Anthem Controversy (20172020); Excerpt from The Congressional
Record"Kneeling in Recognition of the Glory of Our Nation"
Document
53. "Truth and Democracy" by Senator Jeff Flake of Arizona (2018)
Document
54. Statement by Senator Feinstein at Congressional Hearing on
"Facebook, Social Media Privacy, and the Use and Abuse of Data" (2018)
Document
55. Amicus Brief Written by First Amendment Scholars and Media Law
Scholars for Gilmore v. Jones (2018)
Document
56. Lawsuit Filed by Black Lives Matter (BLM) Activists against the
Iowa State Patrol (2020)
Chronology
Bibliography
Index
Cari Lee Skogberg Eastman, PhD, is a communication scholar currently working as an independent researcher and writer.
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