Thursday, February 2, 2017

Socratic Seminar Question 3 (Period 9)

Question 3: Should freedom of speech be restricted in wartime? 

Read the documents below to help you develop your opinion on this essential question regarding the success of the United States in conducting foreign wars.

Submit your comments below.  For each question, every student should:
  • Write a comment using evidence to back up your opinion (either by referencing the document or referencing specific facts discussed in class or in your readings)
  • Ask a question
  • Respond to someone else's comment or question
Background:
Under the Espionage and Sedition Acts, hundreds of labor union leaders and socialists were put in jail for opposing the war.  The Supreme Court ruled that this was a fair restriction of the freedom of speech because of the "clear and present danger" this created for the U.S. war effort and for the U.S. military in particular.  

Document 1: Sedition Act, 1918
Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies ...or incite insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct ...the recruiting or enlistment service of the United States, or ...shall willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States ...or shall willfully display the flag of any foreign enemy, or shall willfully ...urge, incite, or advocate any curtailment of production ...or advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated ... shall be punished by a fine of not more than $10,000 or imprisonment for not more than 20 years, or both....

Document 2: Oliver Wendell Holmes, writing for the majority, Schenk v. United States, 1919
Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances a to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done.
A conspiracy to circulate among men called and accepted for military service under the Selective Service Act of May 18, 1917, a circular tending to influence them to obstruct the draft, with the intent to effect that result, and followed by the sending of such circulars, is within the power of Congress to punish, and is punishable under the Espionage Act

49 comments:

  1. Freedom of speech is one of the most valued points written in the Bill of Rights. Therefore, restricting that right would only cause chaos because all people want is the knowledge that they are able to speak their mind without restrictions.

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    1. I agree with your argument because if one is not allowed to speak out their mind then what is the point of being able to think?

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    2. I agree to what you have to say about the Bill of Rights

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    3. I agree everyone should keep their rights it's in the constitution.

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    4. I agree, no one has the right to restrict peoples right to speak, if so people will not be silenced and will protest for what is theres.

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  2. It is necessary to create a sense of safety and sovereignty when it comes to the people's voice. Silencing the people will do us no good especially when it comes to morale. The Sedition Act was a good example of what not to do.

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    1. I strongly agree,i belive that silencing the public will only lead to hostilities within the country which inturn would hurt the war effort

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    2. What did the Sedition Act state?

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  3. No, everyone has their rights and it is not fair to restrict this even during times of war.. The Espionage Act made people feel unsafe, they feared of being punished

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    1. but the ones that do, dont you think they shouldn't be restricted?

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    2. totally agree with The Espionage Act imagine if it would have a bad influence for us in the future

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  4. Freedom of speech should not be not be restricted during wartime. Amendment 1 listed in the Constitution grants freedom of speech, therefore if taken away it becomes a violation.

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    1. I support you Perla it is an Important law that shouldnt be taken away.

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    2. I agree with your point Perla, because it is important for our voices to be heard.

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  5. Freedom of speech shouldn't be changed at all during war it is a right that was given to the people in the land that is supposably for the "free" and they should not restrict it because the people are the ones who count and they will give out whatever they think its right.

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  6. Freedom of speech is one of the main things that makes the United States unique. During war or dangerous times this right is taken away through the Espionage and Sedition Acts. I believe freedom of speech should not be taken away through war time because it can cause a ripple effect on society. For instance, during the Red Scare many were arrested and deported due to their origin. This caused chaos throughout the country and made for the return of native-ism.It also weakened the suffrage movement due to different backgrounds.

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    1. Freedom of speech shoudlnt be taken away but it should be restricted. it wouldnt mean that the freedom of speech is totally taken away, but you are preventing the posibility of someone saying something that can strike fear within the people

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    2. This is a good point but who would decide the restrictions? What if the decisions are biased and unfair towards immigrants? This could all lead to internal conflict in the country.

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    3. Why is the government so dramatic, i mean, what's the worst that can happen. Oh wait, lots of things like German spy during the Great War and propaganda. So yes, I think freedom of Speech should be restricted on those who come from the enemy-Germany (Germans).

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  7. Should freedom of speech be restricted in wartime? no because we have the right to always express ourselves this would be bad because we would have problems with the citizens

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    1. i agree with you. everyone should be able to express their thoughts.

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  8. I believe the Sedition Act has good intentions but is absolutely wrong for denying freedom of speech and assembly to American citizens.

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    1. Senator Chemita CasasFebruary 2, 2017 at 5:47 PM

      I know, but the last thing we need are German spy within our society, or socialists trying to oppose our govt. Tell me something, are you associated with a spy or do you just want freedom of speech for the enemy within our US nation? Tell me tell me!!!!

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  9. Freedom of speech should not be restricted because it would be violating Ammendment number 1 that states that the people have the right of freedom of speech.

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  10. Why should we be silenced?

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    1. Because you could be making ideas which interfere or stop the war, such as in the Civil War with the Draft Riots in which Lincoln was fighting both a national war and domestic war,which made the war take longer and made the fight much more difficult.

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    2. APL( Rookie- Chemita Casas)February 2, 2017 at 5:52 PM

      Not until we get things straight, we can go back to how things were. I strongly believe in the amendment of freedom of speech, but I think our country would be safer if we were able to track those who opposed the govt., who we think might be German spy, communists, socialists, anarchists, etc...those who want to speak out to the US.
      Is it better if the enemy is caught in our society, or our mouths' restricted for a worthwhile of very little time?

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  11. Freedom of speech is a right given to the people, and it should never be limited or taken away. The Bill of Rights protects this freedom, which means it should be followed thoroughly, especially in time of war. Everyone has a right to share their sentiments on the war and speak in favor or opposition of it.

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  12. Freedom of speech should be restricted during war. For example, the Red Scare that occured during the Russian Revolution scared the people in the US. the fear of communism became strong and as a result the US raided homes and arrested those who spoke out in support of communism

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    1. Freedom of speech is one of our major rights, you would be agreeing to denying us our rights?

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  13. No, freedom of speech should not be restricted in the U.S during wartime, because citizens are protected under the 1st amendment, and they have the right to know about the war and its casualties. On the other hand, the U.S would have the right to have worries, since there's a lot of propaganda and immigrants who are related to the enemy. That is also why the U.S takes a lot of risks to try and restrict freedom of speech.

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  14. Freedom of Speech should be restricted during wartime, as the main focus should be in dealing with the war, to finish it or negotiate the end of the war, but until then all of the country's efforts should be for, and not against. Due to the fact that people will oppose any war, it'd lower the moral, pride, and nationalism when speaking of the war, hence not everything would run as smooth as before. Quoting the Sedition Act of 1918 "false statements with the intent to interfere with the operation or success of the military or naval force of the United States.." the belief was that if interference would distract the country from winning the war. How would people react today if their Freedom of Speech was taken away?

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    1. Why if the nation is involved in a war the people could not express their point of view? It could be considered as Unconstitutional?

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    2. but restricting the freedom of speach of the people also takes effort and there for takes away from the was efort, and people would fight back possibly using violence to do so

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    3. America is diverse, for example, during the Vietnam War many Americans opposed that war and express there feelings against it, No matter what happens we as Americans should have that right so we could express our thoughts as citizens.

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    4. What if people are talking positively about the war, would that change your opinion?

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    5. Good use of evidence, and of documents.

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  15. denining the right of freedom of speech is unbenificial to the government during war time because we fight to protect democracy and dening the people the right to speak out goes against democratic ideals

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    1. I agree. Taking our right to freedom of speech will anger the people and cause more problems and tension.

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  16. Freedom of Speech should not be restricted in the United States because America has worked hard to build a nation where we are allowed to express our beliefs freely. This is what America is known for and is the reason why so many people immigrate to America every year. America was built on these principles because when America was under the rule of Britain these right were taken away. If freedom of speech is restricted we are no greater than any King or dictator who controls his people.

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    1. I agree, due to the fact that we have came such a long way to get our freedom of speech it wouldn't be fair to lose that because of a war.

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  17. The right of Freedom of Speech should never be restricted in anytime. Its one of the components that make America.
    As Americans we should exercise that right any time is necessary.

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  18. The firs Amendment in our Constitution state that we have the freedom of speech and press, etc, as Oliver Wendell Holmes said. But in reality in wartime is important to the nation stay without divisions and the Sedition Act helped to silencing the ones who were in opposition to the war!

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  19. Freedom of speech should never be restricted, even in times of war. Even after some people in the U.S talked in a negative matter, the sedition act, in document 1 , was no logical response. It basically violated a right given by the constitution, which was freedom of speech.

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  20. Freedom of speech should be allowed in the United States because it allows us to express ourselves. It's one of the things that people around the world like about the US.

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  21. Freedom of speech should be allowed in the U.S. because it allows people to give their opinions and express themselves.

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  22. Freedom of speech shouldn't be restricted due to the fact that it is one of our biggest rights that we're blessed with. Taking it away would only bring upon mayhem in the nation.

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  23. Freedom of Speech should not be taken away during time of trouble it is when we should all stand together and speak with encouraging words to motivate those abroad fighting for our country.

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