Name______________________ Date_____________________

PERILOUS TIMES: MS Word Version
Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism by Geoffrey R. Stone W. W. Norton & Co.  November 2004

In 1798 Matthew Lyon, a US Congressman from Vermont, was (1)_____________ $1000 and sent to (2)_____________ for four months. Lyon was a Jeffersonian Republican (the (3)_____________ that later became known as the Democratic party) and his (4)_____________ was in publishing harsh (5)_____________ of the Federalist president, John Adams.

Someone (6)_____________ history today might wonder why the First Amendment of the US Constitution of the United States did not (7)_____________ the trial and imprisonment of a famous US Congressman. Geoffrey Stone, a (8)_____________ at the University of Chicago Law School, wrote his book “Perilous Times” to help Americans understand that their right - even under the Constitution - can (9)_____________ be taken for granted. Professor Stone believes that “dissent in wartime can be the highest from of patriotism”, but important people in (10)_____________ do not always share this sentiment. Professor Stone wants Americans to be more (11)_____________ in their understanding of free speech laws and the ways that (12)_____________ rights can be threatened in times of (13)_____________ or crisis.

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In 1798 the US was (1)_____________ in a “Quasi-War” with France. This was a (2)_____________, but undeclared naval war that resulted from French and British (3)_____________ with American shipping. At the time France was in the (4)_____________ of its famous French Revolution, and there was incredible fear of French inspired radicals and (5)_____________. This fear was especially strong among (6)_____________ Federalists who (7)_____________ with Great Britain which was at war with France.

The Federalists, who (8)_____________ Congress and the Presidency, were also afraid of the (9)_____________ who were gaining popularity. In 1798 the Federalists (10)_____________ four laws which became known to history as “The Alien and Sedition Acts”. One reason for these laws was to make it harder for foreign radicals under the (11)_____________ of the French (12)_____________ to gain voting rights. The Jeffersonians, however, (13)_____________ this law because most recent immigrants were sympathetic to their party, and these laws made it more (14)_____________ for them to gain citizenship and voting rights. But it was the Sedition Act that was a direct (15)_____________ to free speech. This law (16)_____________ penalties for spoken or (17)_____________ criticism of the government. Jefferson’s followers in Congress (18)_____________ against the law saying it was against the First Amendment. The Federalists made an argument based on English Common Law where free speech rights were understood mainly as a (19)_____________ against “Prior Restraint”. Their point was that their law would not prevent someone from speaking or publishing beforehand; it would only punish them (20)_____________ the act had been committed. The Federalists in Congress had the votes, and they passed their laws which President Adams (21)_____________.

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As (1)__________ had feared, the laws were used against his supporters. Matthew Lyon was only one of 17 people tried and (2)__________ under the Sedition Act. Most of the others were newspaper (3)__________ who were sympathetic to the Jeffersonian (4)__________.

Jefferson’s (5)__________ in the election of 1800 quickly (6)__________ an end to the Alien and Sedition Acts. Not only was Thomas Jefferson elected president, but his followers achieved a (7)__________ in Congress. The Federalists would never control the Presidency or Congress (8)__________ although, thanks to a rash of last minute (9)__________ appointments, they would control the Federal courts for many (10)__________ afterwards.

Was this episode a (11)__________ or a defeat for the principle of free speech? It may have been the (12)__________ time that the First Amendment was challenged, but it was certainly not the (13)__________. Professor Stone thinks it is (14)__________ for people to know that the First Amendment only (15)__________ what the federal government can do. The First Amendment has nothing to say about what state governments or (16)__________ institutions can do to use their power over people to restrict free speech.

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In the years leading up to the Civil War, the US Congress put a “gag rule” on its (1)___________ to prevent them from introducing laws against (2)___________. When the Civil War finally came in 1861, it was perhaps the greatest (3)___________ this country ever faced. During the Civil War, President Lincoln actually (4)___________ habeas corpus and allowed (5)___________ to be tried in military tribunals. These violations of the constitution were limited war time measures, but they set a clear and troubling (6)___________ to champions of the First Amendment.

Many historians (7)___________ the First World War to be the (8)___________ point in the history of free speech rights. In 1918 Congress passed another Sedition Act which made it (9)___________ to criticize the (10)___________ in ways that brought into “disrepute.” The Sedition Act survived its constitutional challenge when the Supreme Court (11)___________ convictions for distributing leaflets against the (12)___________. It also upheld the conviction of Eugene Debs, a frequent Socialist candidate for president, for speaking against American (13)___________ in the war. In 1920, Eugene Debs was sitting in federal prison, but he still received about 6% of the popular vote for president that (14)___________ year. During World War I and in the years that followed the American (15)___________ movement was basically crushed by federal laws and activity inspired by fear of (16)___________. (The Russian Revolution was in 1917.)

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(1)__________ World War II, the government and the courts had a (2)__________ record regarding free speech. The Supreme Court did (3)__________ the conviction of Jehovah’s Witnesses who refused to (4)__________ the American flag, but it did allow the internment of more than 100,000 Japanese (5)__________.

In the late 40’s and (6)__________ the 1950’s the United States government was mobilized by fear of Communism and (7)__________ war. Many government agencies and private (8)__________ required employees to sign loyalty oaths (9)__________ that they were not (or ever had been) members of the Communist (10)__________. Many people lost their jobs for refusing to sign such an oath.

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Many Americans are not (1)__________ that the Federal Government has ever passed laws to punish citizens for expressing their (2)__________. Others are comforted that (3)__________ has only passed such laws during times of war and (4)__________. Professor Stone wrote his book to help Americans (5)__________ the legal and constitutional (6)__________ surrounding the First Amendment. He also wants Americans to (7)__________ about their rights and how they can be limited, or (8)__________ taken away in (9)__________ times. It can be said that in a country with as many (10)__________ freedoms as ours, we will surely get kind of (11)__________ and government that we really (12)__________.

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