Greg MD Blog

Our Freedom of Speech Changed, Challenged, and Modified in American History

Our freedom has evolved throughout the years. Religion seems to be the soul of our nation for many years for most Americans. Christianity has influenced our society and is critical to many cultures. The freedom of speech effect has been upheld by The U.S. Supreme Court on what is covered and not covered by speech. The U.S. Supreme Court stated, according to our U.S. constitution laws, that freedom of speech, press, assembly, petition, and religion is protected, and since we are in the New Millennium Era, technology is included. However, freedom of speech is limited and does not cover obscenity, fraud, child pornography, and some expressions of art. The religious groups, GOP, and The U.S. Supreme Court are challenging our freedom for gender and women’s rights by minimizing their rights under the U.S. Constitution. All three topics protected under the U.S. Amendment rights are religion, freedom of speech, and gender and women’s rights, which are being challenged today. Our freedom of speech changed, challenged, and modified over the years in American History.

During the colonial period, the reign of Queen Mary tried to bring together faith, but conflicts grew between the Protestant and Catholic beliefs as tensions rose between each religious group, which created a holy war between the Puritans, Anglicans, and Catholics. Queen Mary’s ideal was to have only Catholic ruling to eliminate Protestants. The Protestants did not want to convert to Catholicism; therefore, Queen Mary burned hundreds of Protestants at the stake. As a result of Queen Mary’s action, in Virginia, the Anglicans Colonies have forbidden Catholics from holding any office base on religion. Unfortunately, the Puritans did not do enough to protect themselves against the Roman Catholics. (Basic American Religious Freedom History, pt. 1)

Religion groups influence our society regardless of positive or negative; even individuals who accept or unaccepted Christianity still try to control our political system. Everyone has a right to practice religion, which is covered under the First Amendment rights, including individuals who do not believe in the religious ideology, that their rights are not infringed upon as a non-believer. Everyone can choose their religious belief by ensuring everyone will not fear our government by keeping the separation of church and state to protect all religious institutions. On the other hand, the U.S. Constitution needs to prevent religious institutions from regulating our political authoritarianism. According to the “transcript of JFK’s speech on religion…” he encouraged the voters that his religious belief would not impact his decision in what was best for the American people. At the same time, “…The American Bishop in 1948, which strongly endorsed church-state separation…” so that it will not affect our political system. (Nrp. Dec 5, 2007, Transcript: JFK’s, pg.5). The concern that these religious groups can dictate to our government what to say or do because of their endorsement will affect our political and legal system. In 1954 an amendment to the IRS tax code, the Johnson Amendment, eliminated churches from engaging in political campaigns. (Basic American Religious Freedom History).

The timeline 1791 freedom of religion, freedom of the press, and the right to assemble peacefully passed. Freedom of speech is one of our fundamental rights here in the United States; we are all free to speak what is on our minds or, through creativity as artists, is a form of expression of speech. However, there are limitations to freedom of speech that are not considered or protected under the U.S. Constitution if a threat is made to terrorization, persecution, or an illegal act.

In 1949 The U.S. Supreme Court stated that under the First Amendment of The Freedom of Speech, specific language is not protected: such as defamation, fraud, threats, incitement, or any threats against the U.S. Government or another individual criminal conduct that violate our laws. The language of free speech is limited to specific language and images. On Jan 6, the attack on our U.S. Capital, we heard peoples say they are protesting. However, that was not a peaceful protest; it was the incitement of trying to overturn the U.S. Government. (Basic American Freedom Speech History).

The fundamental freedom of speech is now catching up with the New Millennium. After 9/11, the war on terrorists in the United States impacted changes to the freedom of speech, which now includes technology. Using social media platforms can have an impact, positive or negative, on public perception and viewpoints. President Obama’s campaign used social media to energize and motivate voters at the polling booths, especially youth voters. President Trump’s Administration used negative political ads to weaponize the public into submission scary tactics. Pushing negative and false narratives to the American people is not considered freedom of speech in section 230 of the Communication Decency Act. However, this protects private businesses from the publisher or speaker of contents from third-party liability under the Communication Decency Act. (Basic American Freedom Speech History, Pt.2).

Thinking of freedom of speech or press can sometimes confuse the American people. We hear so much about freedom of speech that we, Americans, can express our grievances by expressing our dissatisfaction with our opponents. Today technology is available to most people, anyone can write anything online, and most theorists will believe it is true without researching or gathering facts. Over the last eight years, we have seen many protests throughout our country among the American people against the former administration and state government agencies. Today’s environment depends on if you or a Democrat or a Republican, and the rights of the American people are being censorship. The freedom of the press is there to report or highlight events, and people are protesting their dissatisfaction. When the media reports on the news and gives facts on fundamental issues, the news reporter must be neutral for the American people to decide what is best for themselves. In “1734, the governor of New York, William Cosby, accused Zenger of a seditious libel case; later, she was acquitted and became a symbol for freedom of the press.” On the other hand, Ida B. Well-written an article “against anti-lynching in Memphis, but a mob destroyed her office (1892), causing her to flee to Chicago.” (Basic American Freedom Speech History). These two examples show that the government or the people will attack the press to censor the freedom of speech.

In the last few years, the state government has curtailed and regulated what schools can instruct our children and dictated educators their lesson plans. Recently, Florida and Texas are now limiting what educators can teach students, including the material or books the children can read. Why is the state government now in the education system censoring publications to determine what is best for the children? Parents should be distraught at the state government for regulating our education system when we have teachers and educators to set the curriculum and the requirements for the students in the education system. Now, understand what the chilling effect means when local government censors publications of material for educational purposes. Before, the “English Licensing Law would require the government to censor or approve work before publishing. (Basic American Freedom Speech History). However, today this would violate the student’s free speech rights to education in studying, exploring, and opposing ideas by sharing their view, which is academic freedom. The case Tinker v. Des Moines (1969) that the “school or government cannot infringe on student’s free speech rights unless such speech substantially disrupts school activities.” (Basic American Freedom Speech History, Pt.2).

Today gender and women’s rights are heated topics in our country. Looking back at the Coverture Doctrine of women’s rights, how they have evolved slowly over time. It seems as if women were the legal property of their fathers, or if the women got married, then their husbands absorbed the responsibility for their wives. The medieval and early modern times, wives did not have a voice but to serve and obey their husbands. To think how women lived before they had any rights equal to their counterparts to white males in our country. Women could not own anything in their name or even have a credit card; it must be in their husband’s name. It is like women did not even have their own identities. Women were abused or sexually assaulted and even killed at the hands of their husbands. Over time laws changed for women who wanted equal rights to men. For example, in the 1960s, women could now serve on a jury, and 20 years later, in 1980, the second marriage law gave some equal distribution in divorces for women. (A Basic American Women’s Rights\ Gender History, Pt. 1).

The first wave of feminism was in the late 19 and 20th centuries. Women had no equal rights for the past 200 years, so it was time for the movement for women’s suffrage. The women’s first movement focused on diverse leadership, danger, and violence toward women. During the first wave, women wanted the opportunity to work outside of the home; also, they wanted to be able to vote in the elections to become liberal in society by having their voices heard. In “Sojourners Truth,” talking about “I am a woman,” she is speaking about all women inclusive wanted to feel somewhat equal rights, same as white males. (A Basic American Women’s Rights/Gender History, Part 1.).

The second wave of feminism focused on the Equal Credit Opportunity Act for women. Gender and Women want equal social equality between men and women, and they feel they want the same opportunity presented to men to be delivered equally to women. Women struggled for the same Equal Right Amendment (ERA), which will not allow federal or state discrimination to violate women’s rights. During this feminism wave, women also fought for Equal Credit Opportunity Act (ECOA) that would enable women to have accounts in their names from banks or lenders the same as men. In 1975 Congresswoman Lindy Boggs of Louisiana manipulated other Congress colleagues to get the bill ECOA passed. The focus here was equal rights for women regardless of color. (A Basic American Gender History, Part 2.).

The third wave of feminism is social equality and civil rights for women. In the early 1990s, women fought against sexual harassment and opened the doors for many women when Anita Hill testified in front of the Senate against Clarence Thomas; this case led the path of many other sexual harassment cases. Women have been saying this for years of sexual harassment, but the laws and networks of men with power influence to minimize the claim against him. Intersectionality is a foreign word that most people have not heard of but has a lot to do with gender or sexual orientation that discriminates against select groups. This third wave has redefined the word feminism, which includes gender performance that identifies itself as feminist and not masculine. (A Basic American Gender History, Part 2.).

Today, for example, the 4th wave of feminism started around 2012. The focus has been empowering women who have been sexually assaulted, including violence in domestic relationships. The wave of gender equality is more about the marginalization of women in society who has suffered sexism in the workplace. Today, since the internet plays an intricate part in our daily lives, women use it to organize and mobilize their movement against men who have violated their rights as they disclose their stories online. Our U.S. Constitution states that all people have equal rights and does not allow discrimination by disenfranchising women, people of color, and the LGBTQ plus.

In conclusion, the freedom of speech changed, challenged, and modified in American History, representing many forms of religion, free speech, and gender and women’s rights. For many years a dispute between the religious groups; the tension was high, and the Christian groups tried to influence our political system based on their religious beliefs. Religion is symbolic in doctrine society by curtailing their behavior to religious law. The U.S. Supreme Court has stated that specific language or imagery used is not covered or protected under the First Amendment. When we express our grievances, there is censorship by select leaders. Over the last few years, the State Government has censored our educational system, restricting what books students can read—one of the big topics about gender and women’s rights. Over time there have been five waves of feminism for women, and later the trans women movement had to fight for their Civil Rights under the First Amendment by expressing the freedom of speech equal to white males. Our legal system should apply equally to all and not be censored based on a person’s beliefs or ideology for the betterment of their community.

In conclusion, the freedom of speech changed, challenged, and modified in American History, representing many forms of religion, free speech, and gender and women’s rights. For many years a dispute between the religious groups; the tension was high, and the Christian groups tried to influence our political system based on their religious beliefs. Religion is symbolic in doctrine society by curtailing their behavior to religious law. The U.S. Supreme Court has stated that specific language or imagery used is not covered or protected under the First Amendment. When we express our grievances, there is censorship by select leaders. Over the last few years, the State Government has censored our educational system, restricting what books students can read—one of the big topics about gender and women’s rights. Over time there have been five waves of feminism for women, and later the trans women movement had to fight for their Civil Rights under the First Amendment by expressing the freedom of speech equal to white males. Our legal system should apply equally to all and not be censored based on a person’s beliefs or ideology for the betterment of their community.

Written by: Greg MD