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1:00 p.m., March 27, 2003--“Congress shall make no law…abridging the freedom of speech, or of the press.”
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| James Magee, acting chairperson and professor of political science and international relations: “The war on terrorism after Sept. 11 also has created some new First Amendment issues which are unfolding now.” |
The interpretation and implementation of the First Amendment have faced many challenges throughout the U.S. history. However, overall, freedom of speech and press has emerged stronger than ever, but not without sacrifices, according to James Magee, acting chairperson and professor of political science and international relations.
Magee is the author of a new book, “Freedom of Expression,” which he was invited to write for the Major Issues in American History series, published by the Greenwood Press. The book examines some of the landmark events in American history through the lens of freedom of expression, ranging from the Alien and Sedition Acts of 1798 and the Civil War period to modern times, examining such issues as political correctness on campuses and the Communications Decency Act involving the Internet.
“The war on terrorism after Sept. 11 also has created some new First Amendment issues which are unfolding now,” Magee pointed out.
Against the backdrop of historical events, such as wars, the division of the country over slavery, the threat of Communism, the civil rights movement, the arrival of modern technology, the book documents the history and interpretation of the American principle of freedom of speech and press through court decisions, laws, letters, essays, speeches and editorials.
The book also humanizes the history of the First Amendment, with vignettes of individuals who influenced the interpretation of the First Amendment by supporting freedom of the speech and the press, or suppressing it.
One example in the book is Elijah Lovejoy, a minister opposed to slavery, who started an abolitionist newspaper first in St. Louis and later in Illinois. He was attacked by those who supported slavery, and his presses were destroyed more than once. He was murdered in 1837 as he and his supporters tried to prevent a mob from destroying a new press. As Magee wrote, “His death in defense of a free press now fused abolition with freedom of expression and galvanized support for abolition all over the North.”
Another major player described in the book was Anthony Comstock (1844—1915), who dedicated his life and career to stamping out what he perceived to be obscene and indecent materials. As secretary of the New York Society for the Suppression of Vice, in 10 months he said he destroyed 182,000 photographs, 21,000 sheets of impure songs, 5,000 watch and knife charms and rings, books and other objects. He was instrumental in getting the Comstock Act passed by Congress in 1873, which prohibited the circulation of anything used for “indecent or immoral purposes.”
Among those targeted by Comstock were Margaret Sanger, a pioneer in supporting and disseminating information about birth control, and Ida Craddock, who had written a book on sex for newlyweds, Magee said. Craddock was among some 15 people who killed themselves rather than go to prison for violating the Comstock Law.
In discussing modern First Amendment issues, such as political correctness on campuses, Magee said that liberals are divided. Some feel that hate speech should be prohibited on campus; others are concerned that hate speech codes infringe on freedom of speech and press and are unconstitutional. In the book, Magee quotes many conservatives who also oppose hate speech codes, such as Alan Keyes who argues that such codes themselves weaken, degrade and insult students.
In the book’s preface, Magee credits many of his students for their contributions in helping to “sharpen understanding of established free speech issues” and assisting with some of the research.
Each section of the book has an annotated bibliography of publications and web sites for further research.
Magee, who earned his bachelor’s and master’s degrees from the University of Massachusetts and his doctorate from the University of Virginia, also is the author of “Mr. Justice Black: Absolutist on the Court” and is working on another book, “Shapers of the Great Debates: Freedom of Speech” for Greenwood Press.
Article by Sue Moncure
Photo by Bob Cohen
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