Page 186 - Battleground The Media Volume 1 and 2

Government Censorsh p and Freedom of Speech | 1

speech entitled “Areopagitica.” In it, he set forth the argument that remains, to this day,
the basis for freedom of speech in a democracy, known as “the self-righting principle.” Ac-
cording to Milton, though people sometimes make mistakes, if given enough freedom they
will eventually find their way to the truth. The danger of censorship, he warned, is that it
impedes the quest for truth. Milton believed that in any open encounter, truth would always
triumph always falsehood. Thus, in his view, all ideas should be heard, to allow the right an-
swer to emerge. He also argued that the open discussion of ideas is essential for civil liberty.
The most famous lines from his essay are these: “And though all the winds of doctrine were
let loose to play upon the earth, so Truth be in the field, we do injuriously by licensing and
prohibiting to doubt her strength. Let her and Falsehood grapple: who ever knew Truth put
to the worse in a free and open encounter?”

DissEnT During warTimE
It is often said that “the first casualty of war is truth.” Even in a democ-
3
racy, the open discussion or debate about domestic and foreign affairs is often
seen as a luxury of peacetime. When a country goes to war, support of the war
effort becomes a primary national focus. In order to wage a successful military
campaign, high group cohesion is required. Many people must work closely
together, both at home and abroad, in difficult and dangerous conditions, to
achieve victory. Thus, during wartime, it is argued, there is less room for dissent.
During times of military conflict, public discourse—from news reports to popu-
lar opinion—is generally expected to support the national effort.
This is true in all nations, and despite our Constitutional commitment
to freedom of speech, the United States is no exception. When faced with an
enemy—actual or perceived—people rally together, and individual liberties are
often suspended in the name of security. Those in favor of such limits argue that
it is necessary, at times, to sacrifice some liberties to protect the safety of the
nation as a whole. Often, dissent during wartime is seen as disloyalty. Others
argue that in a democratic society, the free expression of dissent is essential,
especially during times of internal discord. Conflict between these two perspec-
tives continues to this day.
During the Civil War, the governments of both the North and the South jailed
those who spoke out against those in power. Prior to the outbreak of the war,
those advocating succession—or abolition—often found their writings confis-
cated, their printing presses destroyed, and faced arrest. Once the fighting began,
neither side tolerated dissent, and many went to jail in both the North and the
South, even ministers who prayed for an end to the conflict. During the First
World War, Congress passed the Espionage Act of 1917, which prohibited any
speech that challenged the government or the war. Over 2,000 people were pros-
ecuted for dissent. When the constitutionality of that law was challenged, the
Supreme Court made its first formal exception to the First Amendment, stating
that speech that posed a “clear and present danger” to the nation could be sup-
pressed (Schenck v. United States, 249 U.S. 47 (1919)). From then on, with nearly