8/10/2023 0 Comments First amendment us constitution![]() ![]() it has reached a level of disrespect for the basic principles of free speech and free press that is alarming. There is always going to be unhappiness on both sides, because of the press not having access to information and the government feeling they don’t have the ability to function effectively. you have to be really discouraged and deeply concerned about the way in which free speech and free press are being talked about today by many people in this society, but by the President in particular. It’s hard to know what the Framers thought, but if you take the sum of history of the U.S. What do you think the Framers would think about the relationship between the President of the United States and the press today? While they were in dissent in those early years, in the 1920s, their view eventually carried the day. Holmes was then joined by a new justice, Louis Brandeis, and together they wrote, in a series of opinions, some of the most eloquent, powerful and persuasive defenses of freedom of speech and freedom of the press. The juries in those cases could find one, and that’s why they affirmed the convictions, but the standard took hold as a potentially strong statement about the First Amendment, in the sense that the government had a burden now to prove to juries and courts that there was a clear and present danger, otherwise they couldn’t suppress the speech. While the court didn’t reach a pro-free-speech result as we think of it today, an opinion by Justice Oliver Wendell Holmes said that the First Amendment protected speech against government intervention until there was a clear and present danger. So it was an inauspicious start to the First Amendment as we know it today. Three of these cases - Schenck, Frohwerkand Debs - made it up to the Supreme Court, which unanimously rejected the claim that free speech had been violated. In 1919, there were several cases that had been part of this wave of intolerance around the country. What we do know is that in World War I there was a rising sense of patriotism, as always happens in wars, and accompanying that was a really serious case of intolerance toward anyone who dissented. history and history of the First Amendment. ![]() ![]() Why it began then is one of the mysteries and puzzles of U.S. It wasn’t until 1919 that the Supreme Court weighed in for the first time to say what this right expressed in the First Amendment really means. ![]()
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