The Perpetual War on Free Speech

Donald Jeffries

The Founding Fathers made the Constitution palatable by including a Bill of Rights. Without the First 10 Amendments, the Constitution is just what its early critics, including Patrick Henry and Thomas Jefferson, said it was; a dangerous consolidation of power far less representative of liberty than the Articles of Confederation.

The First Amendment was always a huge concern with "statists" of every era. Those who thirst for power, and will compromise themselves to attain it, have never looked favorably upon those critical of them. John Adams, the second president of the United States, passed the Alien and Sedition Acts for just this reason. He bristled at criticism. Fortunately, Thomas Jefferson succeeded him in office and scrapped this tyrannical concept. But the notion reared itself again in 1860, with the election of Abraham Lincoln. Adams was a civil libertarian compared to Lincoln. “Honest” Abe didn’t pass any new Alien and Sedition Acts; he just shut down over two hundred newspapers that opposed any of his unconstitutional actions.

Woodrow Wilson revived these odious acts during World War I. Eugene Debs and others were imprisoned for opposing the pointless shedding of blood, and America’s participation in it. The Supreme Court, in perhaps its worst ruling ever, upheld Wilson’s right to jail antiwar protesters. Great “liberal” justice Oliver Wendell Holmes coined the phrase “yelling fire in a crowded theater” to justify such heinous oppression, placing an ugly asterisk on free speech. No concerned American asked at the time, just how protesting a war could be construed as yelling fire in a crowded theater. This expression gained great renown across the land and is forever on the lips of those who seek to censor dissent.


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