Specific History Of Freedom Of Speech

The Idea of Freedom of Speech did not originate in the United States, but it originated with democracy, in Ancient Greece. It was founded upon the principals that all philosophers, leaders, and everyday Athenians were free to discuss politics and religion as they pleased.

There were many incidents of freedom of speech being introduced in Europe, but the first major incident in the American colonies was in 1735 when New York publisher John Zenger was tried for libel after publishing criticism about the New York Royal Governor. 

He was acquitted, which laid the foundation for a jury to determine whether or not a publication was seditious. This helped to establish that freedom of speech(and press), which was not yet established, allowed the people to freely criticize the government without fear of legal repercussions.

In 1776, Virginia’s House of Burgesses passes the Virginia Declaration of Rights, making it the first bill of rights to be included in a state constitution at the time. Less than a month later, the final draft of the Declaration of Independence was adopted by the Continental Congress.

In 1789, the first version of the Bill of Rights was proposed to the States, including the First Amendment.

In 1791, Virginia became the 11th state to approve the Bill of Rights, ratifying it and ensuring the addition of Freedom of Speech as a fundamental right.

In 1798, President John Adams pushed the passage of the Alien and Sedition Acts. The Alien Acts authorized the president to deport immigrants while allowing their arrest, imprisonment, and deportation during wartime. The Sedition Acts made it a crime for American citizens to print, publish, or speak anything “false, scandalous, and malicious” about the government. 

This prompted a response from Thomas Jefferson and James Madison, who had their respective State Congress draft the Kentucky and Virginia Resolutions, which declared that these Acts were unconstitutional. 

After Jefferson was elected as President in 1801, Congress let the Sedition Acts expire and Jefferson pardoned all those who were convicted.

 The rest of the history of Freedom of Speech spans the entirety of US History, so the next link will hold the breakdown of some, definitely not all, of the important court cases that have to do with Freedom of Speech. 

Find Court Cases here.