Anti-War Voices
On December 15, 1791 the first amendment was adopted into the United States Constitution preventing the government from making laws that revoked the rights to freedom of speech, freedom of assembly, freedom of press and some others. The first amendment is upheld on most cases unless an individual uses their first amendment right to go against the government. Ever since there have been various laws, doctrines and court cases demonstrating that the first amendment is not always a way of protection for individuals to express their concerns.
Prior Restraint, State action doctrine, Censorship is a way in which the first amendment can be limited. Prior Restraint is when the government tries to stop an individual from speaking or writing before one has done it. State action doctrine is action not from the government, so therefore there cannot be a constitutional claim because only the government can violate constitutional rights not a private actor. However the individual who's voice is being silence rights is still being restricted. Censorship is when a private actor tries to stop an individual from speaking or writing before they have done it. In this case the government is not responsible instead a private actor such as Twitter, Facebook, Instagram. These social media platforms can ban an individual from posting to millions of people. Time placement manner restraints allows for assembly however there are a time and a place as well as rules that must be followed. For example a permit for a rally must be obtained. During rallies speech and expressive action is protected. What is not protected under the first amendment is destruction of property, assaulting police officers, trespassing, incitement, fighting words and true threats.
The Aliens + Sedition Act of 1798 made it a crime to critic the government. It did not allow individuals to cause an overthrow of the government. As the years go on the sedition acts would fade away then new ones would be established and would punished based on pure speech. In 1861 the Civil War resulted in the suspension of Habeas Corpus. Government was not allowed to detained an individual in jail without any charges. Prior to this journalism were being detained because the government was trying to silence their anti-war voices and if they were behind bars they were not able to write. In 1917 the Espionage Act punished government officials who leaked wrong doing of the government; whistle blowers. In 1918 The Sedition Act punished private person who made the United States government contempt by using disloyal, profane or abusive language. However in 1964 NYT v. Sullivan buried the sedition act ruling that the government cannot criticize an individual for criticizing the government, the first amendment was pose as uninhibited, robust and open debate even on government officials.
During WWI in 1914 it was a concern that the government always uses war as an excuse to take rights away from an individual. In 1917 Woodrow Wilson was an anti-war candidate. In 1918 Law settle field was used to throw people in jail that were speaking anything anti-war. In 1919: The quarter cases were about the antiwar protesters that were thrown in jail that were socialist or communist. "Incitement" is not speech protected, it's an action unprotected. Speech with the intent to cause violence or lawless action. In 1931 Court case Near v. Minnesota ruling that prior restraint is unconstitutional and established the Near Rule. The Near Rule had three exceptions but it was towards publications that silences the press and anti-war voices. If it incited violence, if it was obscene or if it threatened the national secretary in war time. In 1971 The pentagon papers added three more rules to the Near rule. If it presumed unconstitutional, 100% burden on the government to prove that it fit under that exception and the government must prove to be direct, immediate, or irreparable harm.
As we see throughout history there has been this ongoing fight with the government and journalist. The government tries to justify their reasoning for putting violating journalist first amendment. The government have also made new laws and regulation that restrained anti-war voices. However journalist have fought back through court cases. The government has an upper hand in the management of who they want to silence and also has the resources and connections it needs to cover it up. Journalist are fighting together to uphold the amendments for everyone and to ensure that the government does not violate our constitutional right to freedom of speech.
