Module 1 Summative Assignment: Limits of Free Speech Assignment In this assignment, you will choose between three options: to write an essay, make a speech, or produce a video. Be sure to review the
Date:Name: /// Limits on Free Speech Directions: Answer each of the questions below. Then use your answers to generate i\ deas for your essay, speech, or video presentation about the appropriate limi\ ts on free speech in America. CONTINUE ON NEXT PAGE Questions 1. Do you believe that the Constitution (including the Bill of Rights)\ limits free speech when people speak out against a war in which the United States is engaged? (Refer to specific words, phrases, or sentences in the Constitution, which appears beneath \ the questions in this worksheet.) 2. Do you believe that the Constitution allows Americans to criticize ke\ y aspects of Ameri- can democracy? Why or why not? CONTINUE ON NEXT PAGE 3. How did the passage of the U.S. Espionage Act of 1918 affect freedom of speech in the United States? What kinds of speech were limited, and why? (Refer to specific words, phras - es, or sentences in the part of the law that was modified, which appears on this worksheet beneath the Bill of Rights.) CONTINUE ON NEXT PAGE 4. Since World War I, what guidelines have been used to determine the pr\ oper balance be - tween national security and free speech during times of war? When is it \ considered okay to speak out against a war? What measures have been put in place to prevent\ or punish such actions? (Describe at least two more recent examples from American hist\ ory.) 5. Should the right to free speech still be limited during times of war,\ or is it time for Con - gress to repeal some parts of Espionage Act? Why or why not?
When you have answered all of these questions, create an essay, speech, \ or video pre - sentation describing the limits imposed on freedom of speech in the Unit\ ed States during times of war and expressing your opinion about whether such limits are justified and should continue. Regardless of the form you choose for your statement, s\ tart with a thesis or main ideas statement describing what approach the government should t\ ake to achieve the proper balance between individual rights and national security. Next\ , explain what the American government’s approach has been so far, and then develop \ several reasons why the approach you suggest is the right or the best one. Lastly, provi\ de real examples supporting each of your reasons, or—instead of real-life examples—\ describe hypothetical situations that help prove your point. CONTINUE ON NEXT PAGE The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or p\ rohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; o\ r the right of the people peaceably to assemble, and to petition the government for a redre\ ss of grievances.
Amendment II A well regulated militia, being necessary to the security of a free stat\ e, the right of the peo - ple to keep and bear arms, shall not be infringed.
Amendment III No soldier shall, in time of peace be quartered in any house, without th\ e consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warran\ ts shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V No person shall be held to answer for a capital, or otherwise infamous c\ rime, unless on a presentment or indictment of a grand jury, except in cases arising in \ the land or naval forces, or in the militia, when in actual service in time of war or publ\ ic danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor b\ e deprived of life, liberty, or property, without due process of law; nor shall private property be taken for pub - lic use, without just compensation.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a spe\ edy and public trial, by an impartial jury of the state and district wherein the crime shall h\ ave been committed, which district shall have been previously ascertained by law, and to be \ informed of the nature and cause of the accusation; to be confronted with the witnesses \ against him; to have compulsory process for obtaining witnesses in his favor, and to hav\ e the assistance of counsel for his defense.
Amendment VII In suits at common law, where the value in controversy shall exceed twen\ ty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, \ shall be otherwise reex - amined in any court of the United States, than according to the rules of\ the common law.
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be con\ strued to deny or disparage others retained by the people.
Amendment X The powers not delegated to the United States by the Constitution, nor p\ rohibited by it to the states, are reserved to the states respectively, or to the people.
U.S. Espionage Act, 7 May 1918 President Woodrow Wilson Following America’s declaration of war with \ Germany in April 1917, the U.S. Congress passed the Espionage Act of 15 June 1917, which defined espionage during wartime. The Act was amended the following year, by Congress on 7 May 19\ 18.
Be it enacted, That section three of the Act... approved June 15, 1917, \ be... amended so as to read as follows:
“SEC. 3. Whoever, when the United States is at war, shall wilfully ma\ ke or convey false reports or false statements with intent to interfere with the operation \ or success of the mil- itary or naval forces of the United States, or to promote the success of\ its enemies, or shall wilfully make or convey false reports, or false statements, or say or do\ anything except by way of bona fide and not disloyal advice to an investor... with intent to obstruct the sale by the United States of bonds... or the making of loans by or to the United\ States, or whoever, when the United States is at war, shall wilfully cause... or incite... insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the Unite\ d States, or shall wilful - ly obstruct... the recruiting or enlistment service of the United States\ , and whoever, when the United States is at war, shall wilfully utter, print, write, or publ\ ish any disloyal, profane, scurrilous, or abusive language about the form of government of the Unit\ ed States, or the Constitution of the United States, or the military or naval forces of th\ e United States, or the flag... or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government... or the Constitution... or the militar\ y or naval forces...
or the flag... of the United States into contempt, scorn, contumely, or disrepute... or shall wilfully display the flag of any foreign enemy, or shall wilfully... urge, incite, or advocate any curtailment of production in this country of any thing or things... nece\ ssary or essential to the prosecution of the war... and whoever shall wilfully advocate, teach\ , defend, or suggest the doing of any of the acts or things in this section enumerated and whoever shall by word or act support or favour the cause of any country with which the United \ States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or\ both....”