Chapter 10 Freedom of Speech

Course/Grade Level: 7th Lesson Title: Challenges to American Freedom Teacher: Deb Johns

1. Set Induction: This lesson is intended to help students understand the circumstances involved in one of the first challenges to American freedom. The rights granted to citizens under the First Amendment were challenged in America’s early years as conflict arose between two political factions.

2. Aims/Objectives and Standards:

Students will summarize the four Alien and Sedition Acts. This will be done using Library of Congress online connection which could also be provided in print. Guided Reading questions are presented to support student reading comprehension. Questions may then be used as whole class discussion questions or Socratic Seminar questions.

Illinois Standard 16- Understand events, trends, individuals and movements shaping the history of Illinois and the United States 16A 4a – Analyze and report historical events to determine cause and effect Relationships 16B 4 – Identify political ideas that have dominated United States historical eras. 16C 4a- Explain how trade patterns developed between the Americas and the rest of The global economy

3. Procedures, Assessments and Materials Required: Summary Form – Alien and Sedition Acts Reading –Response/discussion questions Discussion Grouping or independent work Assessment: Written responses to Reading Response Questions 4. Resources and Scholarship: U.S. Constitution McKitrick, Stanley, and Eric McKitrick. The Age of Federalism: The Early American Republic, 1788–1800. London: Oxford University Press, 1993. Schudson, Michael. The Good Citizen: A History of American Civic Life. Cambridge, MA: Harvard University Press, 1998. Sharpe, James Rogers. American Politics in the Early Republic: The New Nation in Crisis. New Haven, CT: Yale University Press, 1993. Smith, James Morton. Freedom's Fetters: The Alien and Sedition Laws and American Civil Liberties. Ithaca, NY: Cornell University Press, 1956.

5. Conclusion/Lesson Wrap-up: Additional reading at end of material could provide students with an opportunity to read and create discussion questions which may then be presented during whole class discussion or Socratic Seminar. Freedom of Speech The First Amendment says, 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, of the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.

The meaning of this deceptively simple declaration has not always been clear. In fact, on several occasions Congress has passed laws limiting speech. Consider the following acts of Congress and summarize in your own words the specific way a person’s freedom of speech may be violated.

1. The Sedition Act of 1798 “ Be it enacted… that if any person shall write, print, utter, or publish, or shall… knowingly and willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writing against the government of the United States or either house of the Congress of the United States, or the President of the United States…; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition ( definition: The stirring up of discontent, resistance, or rebellion against the government in power) within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States….shall be punished. ______

The Espionage Act of 1917 “Be it enacted… Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with the intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of it’s enemies…or shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service of the United States, shall be punished…”

______

The Sedition Act of 1918 “Be it enacted, That …the (espionage) Act be amended so as to read as follows… “Section3. Whoever…when the United States is at war, shall willfully utter, print, write, or publish any disloyal, profane, scurrilous ( def. using indecent or abusive language, course, vulgar, foulmouthed, containing gross vulgarisms) 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 the flag…shall be punished…”

______

The Smith Act ( The Alien Registration Act) of 1940

…It shall be unlawful for any person-to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, propriety of overthrowing or destroying the government in the United States by force or violence, or by the assassination of any officer of any such government, with the intent to cause the overthrow or destruction of any government in the United States, to print , publish , edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability , or propriety of overthrowing or destroying any government in the United States by force or violence; to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof. ______

Patriot Act - 2001 Title 3 A – Section 318

The official title of the USA PATRIOT Act is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

(This act) instructs the Secretary to adopt regulations to encourage further cooperation among financial institution, their regulatory authorities, and law enforcement authorities, with the specific purpose of encouraging regulatory authorities and law enforcement authorities to share with financial institutions information regarding individuals, entities, and organization engaged in or reasonably suspected ( based on credible evidence) of engaging in terrorist acts or money laundering activities. (This gives) authorization of such regulations to create procedures for cooperation and information sharing on matters specifically related to the finances of terrorist groups as well as their relationships with international narcotics traffickers.

______

Additional Notes______Alien and Sedition Acts 1798 Focus Question: What were the causes and effects of actions taken by Congress during an early test of American democracy and freedom?

Vocabulary List: Naturalization Act Alien Friends Act Alien Enemies Act Sedition Act impressment privateering anarchy sentiment Alien and Sedition Acts

Directions - Summarize each of the following Congressional actions

1. The Naturalization Act - An Act to Establish a Uniform Rule of Naturalization ;

______

2. The Alien Friends Act - An Act Concerning Aliens;

______

3. The Alien Enemies Act - An Act Respecting Alien Enemies ;

______

4. The Sedition Act - An Act for the Punishment of Certain Crimes against the United States ;

______

Alien and Sedition Acts of 1798 Justin Florence Reading #1 In the summer of 1798 the young United States was on the brink of war with France, one of the mightiest powers in the world. Some worried America faced not only a powerful enemy abroad, but also a threatening undercurrent of opposition at home. Hoping to strengthen the nation during war, and at the same time crush their political rivals, the Federalist Party, in power, passed a series of four laws collectively termed the Alien and Sedition Acts. Alexander Hamilton, a leading Federalist, believed as a result of the new laws "there will shortly be national unanimity." Reading Response – Discussion Questions: 1. What were the causes of the conflict between the United States and France in 1798? 2. What did Alexander Hamilton believe would be the effect of the Alien and Sedition Acts? 3. What arguments could one use to challenge his optimistic view of these new laws? 4. Why would the “threatening undercurrent of opposition at home” lead to these laws and what would these laws prevent or perhaps cause?

Alien and Sedition Acts of 1798 Justin Florence Reading #2 Hamilton, like most other Americans in the eighteenth century, maintained that political factions or parties threatened the stability of the new nation. Yet hardly had the first Congress convened before proto-parties began to form. An array of congressmen known as Democrat-Republicans joined Thomas Jefferson and James Madison in opposing Hamilton's economic plans. Newly founded political newspapers helped congressmen and party leaders attract the support of ordinary voters. Newspaper editors in the 1790s actively aligned themselves with national figures and parties, while launching fierce attacks against political rivals. Reading Response – Discussion Questions: 1.Why would political factions or parties threaten the stability of the new nation? Why might Americans in the eighteenth century be afraid of this? 2. What was the role of the media in the politics of the eighteenth century? 3. In what ways has the role of media changed and stayed the same in relation to the politics of the day? Give examples of alliances between different media sources and political alignment. Alien and Sedition Acts of 1798 Justin Florence Reading #3 By the middle of the 1790s foreign policy disagreements highlighted the distinction between the parties. As France and England battled for European supremacy against the backdrop of the French Revolution, the American parties sought opposite alliances with the European rivals. In 1794 Federalist concerns about the anarchy of the French Revolution led President George Washington to dispatch John Jay to negotiate a treaty linking American commercial and diplomatic interests with England. Democrat- Republicans, who saw France as America's natural ally because of the republican values of the Revolution, harshly criticized the Jay Treaty. By 1796 the wartime naval practices of impressment and privateering led the United States into a "Quasi War" naval and diplomatic crisis, with France. Hoping to avoid war, President John Adams sent representatives to negotiate a peace settlement with the French. The French demanded a bribe to avoid war, outraging Americans in what became known as the “X,Y,X, Affair.”

Reading Response-Discussion Questions on back (Reading Response-Discussion #3) 1. Why might the French Revolution cause there to be a battle for “supremacy” in Europe ?

2.Why might the Federalists feel threatened by the French Revolution? What is it about their feelings about government that would cause them to feel threatened?

3.What are the “republican values of the (French) Revolution”? Why might these shared values cause support for anarchy

4.Look up the meaning of impressment and privateering and discuss why these actions might incite anger and possible war? What effect would these actions have on a victimized country? 5.Look up the suffix “quasi”. What does the definition of this tell you about the conflict between the United States and France?

Alien and Sedition Acts of 1798 Justin Florence Reading #4 Seeking to capitalize on the anti-French and anti-Republican sentiment arising from the X,Y,Z Affair and the Quasi War, Federalists in Congress proposed the four Alien and Sedition Acts in June and July of 1798. Three dealt with aliens—immigrants who had yet to become naturalized American citizens. Federalists knew these European immigrants overwhelmingly voted Democrat- Republican, and took advantage of public fears that they might aid France during a war. The "Act Concerning Aliens" and the "Alien Enemies Act" established a registration and surveillance system for foreign nationals living in the United States. The laws allowed the president (at the time, Adams, a Federalist) to arrest and deport aliens who might endanger the nation's security. President Adams, however, never used the Alien Acts. The "Naturalization Act" increased the period of residence required to become a naturalized citizen and to vote, from five to fourteen years. Reading Response-Discussion Questions on back

Reading Response-Discussion Questions #4)

1. Why would the XYZ Affair cause there to be anti- Republican and anti-French sentiment?

2. What connections can you make today between the alien acts of 1798 and the actions taken today which impacts aliens in America. Be sure you can define the term “aliens” correctly.

3.Why might European immigrants support the Democrat- Republicans over the Federalists?

4. How was the impact of the Alien Enemy Act strengthened by the Naturalization Act? Alien and Sedition Acts of 1798 Justin Florence Reading #5 The Sedition Act awakened even more controversy because it stifled the possibility of opposition politics. The act prohibited "any false, scandalous and malicious" writing or speaking against the U.S. government, the president, or either house of Congress. The language of the act specifically cited those who brought the government "into contempt or disrepute," anyone who might "excite ... the hatred of the good people of the United States," stir up "sedition," or "excite any unlawful combinations ... for opposing or resisting any law of the United States." Further, the act applied to anyone who might "aid, encourage or abet any hostile designs of any foreign nation." Violators of the Sedition Act were to be tried in federal court and could be punished by fines of up to $2,000 and imprisonment for up to two years.

Reading Response-Discussion Questions on back

(Reading Response-Discussion Questions #5)

1. How and why did the Sedition Act “stifle the possibility of opposition”?

2.Discuss the wording of the Sedition Act. Consider whether or not the text is subjective and the importance of interpretation.

3. Why might the text of the Sedition Act not “work” for the problems caused by September 11th and the War on Terror.

4.Considering the purpose of the Sedition Act, what would be, in your opinion, a better punishment, a fine or imprisonment? Why do you make this judgment ? What might be a reason the opposite punishment might be warranted and perhaps more suitable to the crime?

Continuation of this article which may be used to extend and add rigor to this lesson.

The Sedition Act awakened even more controversy because it stifled the possibility of opposition politics. The act prohibited "any false, scandalous and malicious" writing or speaking against the U.S. government, the president, or either house of Congress. The language of the act specifically cited those who brought the government "into contempt or disrepute," anyone who might "excite ... the hatred of the good people of the United States," stir up "sedition," or "excite any unlawful combinations ... for opposing or resisting any law of the United States." Further, the act applied to anyone who might "aid, encourage or abet any hostile designs of any foreign nation." Violators of the Sedition Act were to be tried in federal court and could be punished by fines of up to $2,000 and imprisonment for up to two years.

Even before 1798, Federalists had prosecuted Republican editors in state courts under the common law of seditious libel. State judges and juries, however, leaned Republican, while the federal judiciary was overwhelmingly Federalist. Under a fiercely partisan application of the Sedition Act, Federalist judges indicted fourteen Republican editors, with ten convicted and imprisoned. The United States had only about fifty Republican-leaning newspapers at the time, so this constituted a substantial portion of the Republican press. Major Republican journalists placed on trial for sedition included John Burk, James Callender, Thomas Cooper, and William Duane. The first and most unusual prosecution under the Sedition Act was of Matthew Lyon, a Congressman from Vermont, who became a martyr for Republicans after being fined $1,000 and sentenced to four months in jail.

The Federalist enforcement of the already unpopular Sedition Act made it even more despised. Jefferson decided that the states themselves offered the best means to protect basic rights and Republican values from the Federalists whom he believed were subverting the Constitution. Jefferson and Madison authored resolutions in the state legislatures of Kentucky and Virginia respectively in the late summer of 1798 to stop the new laws. The Virginia and Kentucky Resolutions introduced the doctrine of state interposition, arguing that the national government was a "compact" among the states and that the states could decide to declare null and void the new federal laws they believed to be unconstitutional. Republicans in Virginia went so far as to call for the state to prepare to defend itself militarily against the Federalist-controlled government.

The Federalist designs with the Alien and Sedition Acts backfired. As the crisis with France calmed, public support for the acts quickly dissipated. Popular outrage against the laws not only helped unify the Republicans, but provided a powerful platform for their campaign in 1800. The election of 1800 saw Thomas Jefferson defeat John Adams in the presidential contest, and Republicans regained a majority in the Congress. The Republican Congress repealed the Naturalization Act in 1802. The two Alien Acts and the Sedition Act contained provisions to expire automatically in the first years of the new century.

Many of the issues raised by the controversy over the Alien and Sedition Acts remained prominent. During the War of 1812 Republicans sought to destroy the Federalists for their support of a foreign enemy. The arguments that the Virginia and Kentucky Resolutions advanced on behalf of state rights would reappear in controversies over secession in the nineteenth century. Most fundamentally, the delicate challenge of preserving civil liberties in the face of wartime concerns over national security continued into the twenty-first century.

Article by Justin Florence

Bibliography provided on lesson description