WELCOME

The Constitution & Civil The Constitution & Civil Liberties Liberties

CREC TEACHING AMERICAN HISTORY - 2011CREC TEACHING AMERICAN HISTORY - 2011

CASE HISTORY APPROACHCASE HISTORY APPROACH

Session 1 - RATIFICATIONSession 1 - RATIFICATION

HOW IMPORTANT WERE CIVIL LIBERTIES TO THOSE

WHO WROTE AND ADOPTED THE

CONSTITUTION?

JOHN E FINN –WESLEYAN UNIV MIKE BREEN

BILL OF RIGHTS – may 4- August 25, 1780 BILL OF RIGHTS – may 4- August 25, 1780

4

1. NATURALIZATION ACT:

2. ALIEN FRIENDS ACT:

3. ALIEN ENEMIES ACT:

4. SEDITION ACT: a crime to publish “false, scandlous or malicious writing against the President, or Congress (but not individual Congressmen)

ALIEN AND SEDITION ACTS OF 1798

First amendment case: THOMAS COOPER First amendment case: THOMAS COOPER PUBLISHED BROADSIDE ACCUSING ADAMS OF PUBLISHED BROADSIDE ACCUSING ADAMS OF

MISCONDUCT IN OFFICE MISCONDUCT IN OFFICE

UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL

LIBERTIES BE DISPENSED WITH?

WHAT CONSTITUTES FREE SPEECH?

JULY 14, 1798 JULY 14, 1798

ALIEN AND SEDITION ACTS ALIEN AND SEDITION ACTS

When Was the Sedition Act

Scheduled to Expire?`

March 3, 1801

WHEN IS THE SUPPRESSION

OF CIVIL LIBERTIES A POLITICAL

TOOL?

Jefferson Jefferson kentucky resolveskentucky resolves

NULLIFICATIONNULLIFICATION

MADISON MADISON VIRGINIA resolvesVIRGINIA resolves

INTERPOSITIONINTERPOSITION

First amendment case: THOMAS COOPER First amendment case: THOMAS COOPER PUBLISHED BROADSIDE ACCUSING ADAMS OF PUBLISHED BROADSIDE ACCUSING ADAMS OF

MISCONDUCT IN OFFICE MISCONDUCT IN OFFICE

NONE OF THOSE QUESTIONS WERE EFFECTIVELY

ADDRESSED.

NOV. 9 SPECIAL NOV. 9 SPECIAL PROGRAM: OLD STATE PROGRAM: OLD STATE

HOUSEHOUSE6:00 PM“CIVIL

LIBERTIES & THE CIVIL WAR

IN CONNECTICUT

SUPREME CT JUSTICES JOHN FINN

MATT WARSHAUER

MATT WARSHAUER CCSU SALLY NYHAN

UNDER WHAT CONDITIONS UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL CAN OR SHOULD CIVIL

LIBERTIES BE DISPENSED LIBERTIES BE DISPENSED WITH? WITH?

THE RIGHTS OF THE MAJORITY THE RIGHTS OF THE MAJORITY VERSUS THE RIGHTS OF THE VERSUS THE RIGHTS OF THE

INDIVIDUALINDIVIDUAL

WHOSE CIVIL LIBERTIES ARE WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE PROTECTED BY THE

CONSTITUTION? WHOSE ARE CONSTITUTION? WHOSE ARE NOT?NOT?

THE RIGHTS OF THE MAJORITY THE RIGHTS OF THE MAJORITY VERSUS THE RIGHTS OF THE VERSUS THE RIGHTS OF THE

INDIVIDUALINDIVIDUAL

World War I Raised Crucial Questions World War I Raised Crucial Questions ABOUT THE RIGHT TO Free Expression ABOUT THE RIGHT TO Free Expression

. . • MANY CONSIDER FREEDOM OF SPEECH “THE MANY CONSIDER FREEDOM OF SPEECH “THE PREEMINENT FREEDOM”PREEMINENT FREEDOM”

• “ “the matrix, the indispensable condition of the matrix, the indispensable condition of nearly every other form pof freedom” - nearly every other form pof freedom” - Justice Justice

Cardozo, Palko v. Connecticut Cardozo, Palko v. Connecticut

• NO ONE BELIEVES IN NO ONE BELIEVES IN COMPLETE FREEDOM OF COMPLETE FREEDOM OF

SPEECHSPEECH

• AMERICANS SUPPORT FREE SPEECH IN THEORY, AMERICANS SUPPORT FREE SPEECH IN THEORY, AND RESTRICTIONS IN PRACTICEAND RESTRICTIONS IN PRACTICE

• THIS IS ESPECOIALLY TRUE IN TIMES OF THIS IS ESPECOIALLY TRUE IN TIMES OF HEIGHTENED THREATS TO NATIONAL SECURITYHEIGHTENED THREATS TO NATIONAL SECURITY

HOW MUCH FREEDOM OF

SPEECH IS ENOUGH?

Woodrow Wilson &The War Woodrow Wilson &The War

Progressive Reformer:

• 8 Hour Work Day • Ended Child Labor

• Trust Buster •Est. Federal Income

Tax

Racist• Federal Offices Segregated

•Photos Required of Job Applicants

Harshly Suppresed Civil Liberties During

& After WW I

Wilson (And America) Reluctant to Wilson (And America) Reluctant to enter the war. enter the war.

Wilson Feared the War Would End Progressive Reforms

Declared Neutrality

1916 Campaign Slogan “He Kept Us Out of War.”

Zimmerman Telegram Zimmerman Telegram Leads US to War 1917Leads US to War 1917

Mexico Promised Lands Lost to US in Mexican War 1846 if they Support Germany against the US

April 1917, US enters world War April 1917, US enters world War 1 1

“To Make the World Safe For

Democracy.”

US Mobilizes for warUS Mobilizes for war

In April 1917, The Total U S Army Force was 100,000 Men

US Mobilizes for warUS Mobilizes for war

By End of 1818, 2.8 Million Soldiers – 1.5 Million US Troops in Europe

Wilson CreateD CPI to Sell the War Wilson CreateD CPI to Sell the War to the American Peopleto the American People

Committee on Public

Information

Over 75 Million Copies of

30 Different Pamphlets

Anti-German Messages

and Pro-Patriotic Works

In Every Medium

Wilson CreateD CPI to Sell the War Wilson CreateD CPI to Sell the War to the American Peopleto the American People

Wilson CreateD CPI to Sell the War Wilson CreateD CPI to Sell the War to the American Peopleto the American People

Wilson CreateD CPI to Sell the War Wilson CreateD CPI to Sell the War to the American Peopleto the American People

War Propaganda Fed Pre-existing Fears of War Propaganda Fed Pre-existing Fears of an “enemy within”an “enemy within”

1/3 of Americans Were Immigrants or Children of Immigrants (32Million)

10 Million Americans Came From Central Powers Nations (At War With US)

Millions More were Irish who hated England

German-Americans Push For Neutrality Made Them Suspect

All “Hyphenated Americans” Came Under Suspicion

Wilson unleashed a veritable Wilson unleashed a veritable reign of terror reign of terror

“There are citizens of the United States . . . born under other flags, but welcomed under our generous naturalization laws to the full freedom and opportunity of America, who have poured the poison of disloyalty into the very arteries of our national life; who have sought to bring the authority and name of our good government into contempt.[ It is . . . Necessary that we should promptly make use of processes of law by which we may be purged of their corrupt distempers. I am urging you to do nothing less than save the honor and self-respect of the nation . . . Disloyalty and anarchy must be crushed out. I need not suggest the terms in which they may be dealt with”. – State of the Uniion, 1915

Espionage Act of 1917Espionage Act of 1917

RADICALLY CURTAILED FREEDOM OF SPEECH

SEDITIOUS NEWSPAPERS WERE BANNED FROM THE MAILS

20 YEAR SENTENCE FOR OPPOSING THE DRAFT

EUGENE V DEBS SERVED THREE YEARS EUGENE V DEBS SERVED THREE YEARS FOR SPEAKING AGAINST THE DRAFTFOR SPEAKING AGAINST THE DRAFT

RUSSIAN ANARCHIST EMIGRANT EMMA RUSSIAN ANARCHIST EMIGRANT EMMA GOLDMAN SENTENCED TO 2 YEARS FOR GOLDMAN SENTENCED TO 2 YEARS FOR

SPEAKING AGAINST THE DRAFT SPEAKING AGAINST THE DRAFT

SEDITION ACT OF 1918 SEDITION ACT OF 1918

EVEN MORE RADICALLY CURTAILED FREEDOM OF SPEECH

MADE IT A CRIME TO SAY ANYTHING “disloyal, profane, scurrilous, or abusive” about the US government or its policies

American Protective League American Protective League

Private Organization, founded in Chicago Encouraged people to spy on and report subversive neighbors

250,000 Members , 600 cities

“Organized with the Approval and Operating under the Direction of the United States Department of Justice

Waves of anti german vigilanteism swept Waves of anti german vigilanteism swept the country the country

German Language Cultural Expression Harshly Suppressed – Newspapers, Church Services

Tarring and Lynchings of German Activists - John Meintz, Duluth, MN, tarred and feathered for not buying war bonds

Robert Praeger of collinsville, MO. Robert Praeger of collinsville, MO. Lynched for opposing the draft Lynched for opposing the draft

LYNCHED FOR MAKING DISLOYAL UTTERANCES AGAINST PRESIDENT WILSON

Leftist & socialist Communist Labor Leftist & socialist Communist Labor Activists also Suppressed Activists also Suppressed

International Workers

of the World IWW

Specially Singled Out

Justice Dept Arrested

169 IWW Leaders

September, 1917

Most Received Stiff

Jail Terms – Effort to

Break the Union

RED SCARE of 1919 RED SCARE of 1919 Produced New RepressionProduced New Repression

Fear of a Bolshevik Revolution in the US

Attorney General A. Mitchell Palmer, authored, THE CASE AGAINST THE REDS

After bombs went off in 8 US cities in June, J Edgar Hoover led raids that led to the arrest and attempted deportation of 16,000 people, imprisoned without habeus corpus

In Connecticut, Joseph Yenowsky of Waterbury served 6 months in jail for saying Lenin was one of the “brainiest men in the world”

Schenck V. United States: First Schenck V. United States: First Court Attempt to Define Limits of Court Attempt to Define Limits of

Free Expression Free Expression

Upheld the Espionage Act of 1917, upheld guilty verdict

No protection for speech against the draft during World War I

Most notable for Oliver Wendell Holme’s “clear and present danger “ test.

CLEAR AND PRESENT DANGERCLEAR AND PRESENT DANGER

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create

a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that Congress has a right to prevent.”

GUIDING QUESTIONS: GUIDING QUESTIONS: CONTENTCONTENT

• HOW IMPORTANT WERE CIVIL LIBERTIES TO THE HOW IMPORTANT WERE CIVIL LIBERTIES TO THE CONSTITUTIONCONSTITUTION’’S FRAMERS?S FRAMERS?

• WHOSE RIGHTS ARE MORE IMPORTANT; THE WHOSE RIGHTS ARE MORE IMPORTANT; THE RIGHTS OF THE MAJORITY, OR THE RIGHTS OF RIGHTS OF THE MAJORITY, OR THE RIGHTS OF THE INDIVIDUAL?THE INDIVIDUAL?

• HOW HAS OUR UNDERSTANDING OF CIVIL HOW HAS OUR UNDERSTANDING OF CIVIL LIBERTIES CHANGED OVER TIME? LIBERTIES CHANGED OVER TIME?

• WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE WHOSE CIVIL LIBERTIES ARE PROTECTED BY THE CONSTITUTION? WHOSE ARE NOT? CONSTITUTION? WHOSE ARE NOT?

• UNDER WHAT CONDITIONS CAN OR SHOULD UNDER WHAT CONDITIONS CAN OR SHOULD CIVIL LIBERTIES BE DISPENSED WITH? CIVIL LIBERTIES BE DISPENSED WITH?

GUIDING QUESTIONS: GUIDING QUESTIONS: METHODMETHOD

• WHAT MAKES AN EFFECTIVE DOCUMENT WHAT MAKES AN EFFECTIVE DOCUMENT BASED QUESTION?BASED QUESTION?

• HOW DO WE DEVELOP EFFECTIVE DBQS?HOW DO WE DEVELOP EFFECTIVE DBQS?

• HOW DO WE HELP OUR STUDENTS ENGAGE HOW DO WE HELP OUR STUDENTS ENGAGE AND MASTER DBQ ASSESSMENT?AND MASTER DBQ ASSESSMENT?

• WHAT WOULD A DBQ BASED APPROACH TO WHAT WOULD A DBQ BASED APPROACH TO TEACHING THE CONSTITUTION AND CIVIL TEACHING THE CONSTITUTION AND CIVIL LIBERTIES LOOK LIKE? LIBERTIES LOOK LIKE?

• HOW DO WE DEVELOP STUDENT-FRIENDLY DBHOW DO WE DEVELOP STUDENT-FRIENDLY DBQQ ’’S THAT FOCUS ON CRITICAL ASPECTS OF THE S THAT FOCUS ON CRITICAL ASPECTS OF THE CIVIL LIBERTIES/CONSTITUTIONAL DEBATE?CIVIL LIBERTIES/CONSTITUTIONAL DEBATE?