Since the early history of our country, the protection of basic freedoms has been of the utmost imp

During the period of slavery, 1600-1800s, many slave states defied the First Amendment and censored abolitionists’ pamphlets, writings, and speeches (Linder 1). “The next time freedom of speech was challenged was during World War 1. Congress passed the Espionage Act of 1917, which forbade among other things, promoting insubordination or refusal of duty among the armed forces” (Ostrowski 5). “Three persons convicted under this act appealed their convictions to the Supreme Court, arguing that their activities were protected and shielded from prosecution by the First Amendment” (Ostrowski 5). “In these cases, the illegal behavior consisted of publishing a pamphlet opposing the draft, publishing a pamphlet sympathetic to Germany, and speaking out in favor of socialism” (Ostrowski 5). “However in World War cases such as Schenk v. United States and Debs v. United States, what constitutes a “clear and present danger” will differ from judge to judge, often because of the political and philosophical views of the judge” (Ostrowski 5) & (Linder 1).

So can you say libel against a person? No, libel is punishable by the courts. “The basic idea behind rules of law to punish defamatory expression is a simple one: each person has the right to protect his or her personal reputation against slanderous remarks that destroy the person’s standing in the community” (Tedford 107). The courts have shaped four different types of libel, which is defamation, publication, identification, and fault--actual malice (Tedford 112). They have also shaped speech that invades privacy, which is also punishable by the courts. “One type of speech that invades privacy is disclosure, which is publicity about private matters that are of no legitimate concern to the public” (Tedford 134). “The other forms of speech that invade privacy are false light, Appropriation, and Intrusion.” (Tedford 135).

“By the time Thomas Jefferson wrote to James Madison in 1787, it was accepted by the leading political thinkers in America that freedom of speech and press were natural right belonging to each citizen. Madison, later a congressman, drafted a bill of rights, drawing heavily upon the Virginia Declaration of Rights that was the work primarily of anti-federalist George Mason. Madison’s First Amendment, modified in various ways of no great importance to us now, became law of the land in 1791” (Ostrowski 3). “Just seven years after the adoption of the first amendment, congress passed the Sedition Act of 1798. The Act was enforced against Republican papers in an effort to keep Jefferson’s party from defeating the federalists in the 1800 election. This Act created a lively debate on free speech issues and prompted both Madison and Jefferson to write discourses on freedom of speech and press” (Linder 2&3).

Does the First Amendment limit the governments’ ability to regulate four-letter words and other forms of in

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