Information Technology Reference
In-Depth Information
3.6 Freedom of Expression
In the United States, freedom of expression is one of the most cherished—and most
controversial—rights. In this section we explain the history behind the adoption of the
First Amendment to the United States Constitution. We also explore why the freedom
of expression has not been treated as an absolute right.
3.6.1 History
At the time of the American Revolution, any criticism of government was seen as a threat
to public order and could result in fines and/or imprisonment. Restrictions on freedom
of speech in England date back to 1275 and a law called De Scandalis Magnatum.
According to this law, a person could be imprisoned for spreading stories about the
King that could have the effect of weakening the loyalty of his subjects. The scope of
the law became much broader through numerous revisions over the next two centuries.
Eventually it encompassed seditious words and words spoken against a wide variety of
government officials, including justices [52].
De Scandalis Magnatum was administered by the Court of Star Chamber, or “Star
Chamber” for short. The Star Chamber reported directly to the King, and it did not
have to obey traditional rules of evidence. Rulings of the Star Chamber demonstrated
that a person could be convicted for making a verbal insult or for something written in
a private letter. The Star Chamber was abolished in 1641, but the law continued to be
enforced through Common Law courts [52].
At the end of the eighteenth century, freedom of the press in England and its
colonies meant freedom to print without a license. In other words, there were no prior
restraints on publication. People could publish what they pleased. However, those
who published material found to be seditious or libelous would face severe conse-
quences [52].
The law against libel simply considered if the material printed was harmful; arguing
that the information was true was not relevant to the proceedings and could not be
used in a publisher's defense. Between 1760 and the end of the American Revolution,
about 50 people were successfully prosecuted for libel. To prevent such prosecutions
from continuing, most states adopted bills of rights after gaining independence from
England [52].
In May 1787, delegates from the thirteen states gathered in Philadelphia to revise the
Articles of Confederation. Soon they were drafting a completely new Constitution. Del-
egate George Mason, author of the Virginia Declaration of Rights, strongly opposed the
proposed Constitution because it contained no declaration of the rights of the citizens.
Patrick Henry and other political leaders shared Mason's objections [52].
While the proposed Constitution was ratified by all thirteen states, most state legis-
latures adopted the Constitution with the expectation that Congress would offer amend-
ments addressing the human rights concerns brought up by the opponents of the Con-
stitution. During the first Congress, James Madison proposed 12 such amendments. All
12 of these amendments were sent to the states for ratification. Of these 12 amendments,
10 were quickly ratified. Today these 10 amendments are commonly known as the Bill of
 
 
 
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