- truth will always prevail.
- Milton believed in the Market place of ideas, with some limitations. lies, or evil negative things should be limited.
Market place of ideas
- -idea that there should be freedom of speech so that all ideas have a chance to be heard, considered and compete for attention and believers.
- required licensing and registration of printing presses.
- -Kings wanted to stay king...this allowed for him to control the media.
John Locke's Social Contract Theory
- the government were the servants of the people, not the other way around.
- GOvernment should safeguard natural rights.
- (right to life, liberty and property of ownership...freedom of expression)
- ***Led to the end of the licensing system***
the crime of criticizing the government or government officials.
Attorney general v. Zenger
- German publisher charged with seditious libel.
- good lawyer-hamilton
- not guilty, but set no precedent.
- Hamilton asked the jury to ignore the precedent of "the greater the truth, the greater the libel" because that is not a crime.
- made it a federal crime to speak or publish seditious ideas about the government.
- Overturned by Jefferson when he became president.
concept that truth should be a libel defense.
safeguards the basic civil rights of their residents.
Schenck v. U.S.
- Leaflets to soldiers encouraging not to enter the draft.
- Holmes...Court ruled on clear and present danger
Clear and Present danger test
first amendment protects freedom of speech as long as that speech doesn't present a clear and present danger to others.
Abrams v. U.S.
- leaflets to soldiers not to join draft.
- Holmes decision based on the precedent of clear and present danger.
- Convicted because not joining the draft aids the enemy, which is a danger.
Gitlow v. New York
- Gitlow arguing that the state laws should protect the liberties protected in the bill of rights.
- 14th amendment!!!