Was The Dixie Chicks Statement Protected By The First Amendment?

The Sedition Act allowed the US government to give consequences to anyone who goes against the government. Congress did not want any foreigners or citizens to be able to say anything negative

Essay #2 The first amendment and the sedition act of 1798 heavily contradicted each other. In the Majority Report of the 5th Congress on the Sedition Act of 1798 state that this act is unconstitutional and abridges on the liberty of free press. It makes any attempt at publications of press regarding congress punishable by a five thousand dollar fine and/or five years imprisonment. It also stated that no evidence can be used in the defense of the said guilty individual.

The Alien and Sedition Acts contradicted the Bill of Rights. The Bill of Right states that “Congress shall not… prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people”. The Sedition Act opposes this because it states that the people cannot speak, write, or do anything that makes accusations against any governmental entity (McClellan, Source 4). This is abridging the freedom of speech because you cannot talk freely about the government and are severely

The Cold War caused people to question the United States’ government’s reliability and strength, which negatively affected America’s domestic affairs and foreign policies. Citizens lost respect and trust in the government and other civilians, due to several threats within the country and worldwide. People were left questioning their rights and safety due to the second Red Scare, which threatened the coming of power of communism within America. Various forms of propaganda advertised fears, causing panic to spread throughout the country. Russia’s gain of power throughout Eurasia showed off the USSR’s strength and abilities, threatening the Western Powers.

Because of this limitation, the government has the ability to regulate the medium of broadcasting more cautiously. The Court mentioned that having a license to broadcast only permits just that, broadcasting. The permit does not allow the licensee to dominate or exploit that frequency. The Court ruled that “there is nothing in the First Amendment which prevents the Government from requiring a licensee to share his frequency with others and to conduct himself as a proxy or fiduciary with obligations to present those views and voices which are representative of his community and which would otherwise, by necessity, be barred from the airwaves...” Therefore, the First Amendment of the Constitution was not violated.

i. The Sedition Act was law enacted in 1798 that made it a crime to write or publish “any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress…or the President..with the intent to defame…or bring them, or either of them, into disrepute…or to excite against them, the hatred of the people of the United States.” Violators were subject to imprisonment for up to two years and a fine of up to $2000. ii. Ostensibly, the law was intended to protect against French terrorism that Americans were afraid of spreading to the US during the French Revolution. However, the true reason the law was enacted was for political purposes.

The Cold War was a time where the citizens of the United States lived in fear. During the nuclear arms race in the 1950’s, the Student Peace Union (SPU) strongly “desired a restructuring of the American society” and fewer nuclear weapons. The result of fewer nuclear weapons would mean the end of the Cold War and the Red Scare. At the time of the Red Scare Joseph McCarthy, an American politician from 1947 to 1957, strengthened the fear of the American people with his methods of McCarthyism. McCarthyism is the practice of making accusations of subversion or treason without proper regard for evidence.

The 1950s harbored one of the largest witch hunts in world history, the second Red Scare. This brutal political movement targeted Communists, Socialists, and members of subversive groups, physically and socially maiming those citizens. Led by Joseph McCarthy, innocent members of society were figuratively “burned at the stake” in public trials and accused them of Communism and espionage. McCarthy’s ruthless tactics sparked the development of “McCarthyism,” which today refers to any unfounded accusation of a person with immaterial evidence. The second Red Scare is comparable to Salem Village, Massachusetts where the original witch hunt began, based off of mass hysteria, just like the Red Scare.

When people are placed under an intense feeling of fear, they begin to commit actions they never thought they were capable over. In The Crucible by Arthur Miller, a young group of girls commit witchcraft which eventually leads to the arrest of over 100 women. This is similar to a time in the 1950s when Joseph McCarthy accuses government officials of communism and that ultimately leads to hundreds of citizens losing their jobs. The Crucible reveals the similarities between The Salem Witch Trials of the 1690s and McCarthyism of the 1950s because it demonstrates how a society can be tremendously impacted by the feeling the fear.

During the time that Arthur Miller created the Crucible, America was dealing with a very similar problem compared to the Salem witch trails. This problem was called McCarthyism, it was believed that a few hundred communists had entered the country, and they posed a threat to American safety. The accusations of communists in the country caused mass paranoia among the entire United States. Arthur Miller was one of them accused of being a communist and was trialed for it, which most likely lead to the creation of his play the Crucible. After the end of both events - the Salem witch hunt and McCarthyism - the effects afterward left devastating results and lingered for many more years to come.

McCarthyism turned Americans against each other after WWII by claiming that Communists had infiltrated many areas of American life and government. In fact, “According to a local newspaper McCarthy dropped a bombshell: ‘The State Department is infested with Communists,” (para 3). In other words, this is the beginning of McCarthy turning Americans against each other. Paranoia started to spread through America which all this strongly affected Americans everyday life. McCarthyism was a result of American fear of communism in the 1950s.

The First Amendment sates that “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; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”. The constitution of Georgia Preamble states that it is guaranteed by the Georgia Constitution in Article 1, section 1, paragraph 5: "No law shall be passed to curtail or restrain the freedom of speech or of the press. -Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty (2015)." Based on Georgia constitution CARWARE has a right to air their commercial because Georgia constitution promotes freedom of speech and will not be curtail or restrained, however CARDWARE will be responsible for any abuse or repercussion that comes with it. It depends on who is looking at the content is considered inappropriate, therefore CADWARE should be able to air their commercial without being discriminated against while sharing their ideas.

This event aligns with the creation of The Espionage Act of 1917 and the Sedition Act made in 1918. The purpose of these laws was to forbid "spying and interfering with the draft but also "false statements" that might impede military success", as well as any ' 'statements intended to cast "contempt, scorn or disrepute" on the "form of government" or that advocated interference with the war effort" (Voices of Freedom 119). As a result, American citizens expressing their disapproval in any form regarding the war would be arrested and punished by these

As time has passed, throughout history, during different periods of time there are parallels. There are three eras that we are focussed on, where there are three types of people during each era. The three different eras that we’re focusing on, are The Salem Witch Trials (1600s), The McCarthy Era (1950s), and Today (2000s); the three types of people are the people who are the reasons why there’s accusations towards the accused, the accused, and finally the accusers.     In The Crucible, or during the Salem Witch Trials, the person that’s the reason why characters were accused is John Proctor. The accuser in the play, who decides to point fingers at everyone, is Abigail Williams.

Is hate speech free speech and should it be protected under the First Amendment? Hate speech is speech that is used to verbally assault a single individual or a group of people based on their race, religion, ethnic origin, sexual orientation, disability, or gender. While some countries such as France, Canada, Chile, Germany, etc. have passed laws in an attempt to combat or minimize hate speech, the United States guarantees full protection of hate speech under the First Amendment. The First Amendment, which was ratified in 1789 and adopted in 1791, essentially forbids Congress to create any laws curtailing the freedom of speech, freedom of press, or the right of citizens to peaceably assemble and seek assistance from the Government for a redress of grievances. Since the adoption of the First Amendment, Americans have consciously, continuously, and contentedly exercised their right.