Branches Book

BRANCHES

Nathaniel Payne

FREE SPEECH AND OPEN DISCUSSION

Of all the rights provided to American citizens by the Constitution, the freedom of speech is the most frequently exercised. It is the reason Americans can criticize the government, the church, or whatever else they have a problem with. Needless to say, there are restrictions in place. Often these restrictions are in place to keep the people of the United States safe, either from international conflict or rivaling groups within the U.S. population. “Clear and present danger”--the idea that some speech will cause direct harm to the United States and its people-- from the Supreme Court case Schenck v. United States is often discussed when considering the legality of speech. Another complication is student speech, particularly within public schools. The schools have had issues with their responsibility to maintain the educational process, both in politically targeted rules and in accusations that students could not “speak freely.” One of the most difficult restrictions to actually apply is the punishment for threats due to the difficulty of defining a threat in a simple way. The conclusion reflects upon the seemingly chaotic decisions of the Supreme Court on speech related issues and proposes a long- term idea as to how restricted speech will eventually be defined. Despite the First Amendment, free speech is restricted. Free speech, along with other social freedoms, are assured by the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people to peaceably assemble, and to petition the government for a redress of grievances.” However, exceptions have been made, as speech can endanger national security, advocate for or provoke violence, or cause fear and unrest in the people. When these exceptions should be made is a frequent and widespread debate. One major factor in the consideration of the restriction of free speech is whether the speech creates a “clear and present danger” to the United States and its people. The term was first used in the 1919 Supreme Court case Schenck v. United States . Charles Schenck was a Socialist party leader who was arrested for the distribution of leaflets that encouraged men to resist the draft. This was in violation of the 1917 Espionage Act, which made it illegal to encourage resistance to the government through the mail. Schenck claimed Clear and Present Danger

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