Chapter 351: The Black History of Freedom of Speech in the United States
351
Edward is also very aware of the thoughts of the executive members here today, it is not that they do not want to resist, they just need a reason......
Thinking of this, he stood up, because the movement was too violent, and the explosion head trembled, making everyone in the conference room feel dizzy.
"Because they are all insiders, I'll be honest, so far there is no evidence from the school that this guy is 'involved'" He repeated in an accentuated tone, "Involved in violent acts!" ”
"No one doesn't hate this bastard, including me, and I've always been against any form of violence - especially on our own soil," he said this, his expression was serious and calm, quite a general's demeanor, and then the cold hairs on his back quietly stood up, and he thought of Bergman......
Of course, Edward was an atheist, so how could he be afraid of that dead ghost?
If the dead ghost Bergman really came to him, he was afraid that someone would get stuck in his throat: "Hey, old bastard, do you still have any hidden property, hurry up and hand it over, otherwise the master will scatter your ashes......"
This is the model of a serious elite lawyer.
"Because there is no serious evidence, we cannot convict. And, let's say something that can't be said on the outside? Why can't I catch the evidence? Isn't it because Principal Lehman doesn't want the FBI to intervene? If necessary, our agents can take a nude photo of Ambassador Dobrynin. Will you not be able to catch the handle of this three-legged cat bastard? ”
"People should understand that if you want to get benefits, you have to pay the necessary costs, and there may be things with zero cost and high returns, but they are definitely harmful to the whole society. Back at Stanford, President Lehmann wants to maintain order on campus, but he is unwilling to find professionals to do it, which in itself is a sign of ignorance or arrogance, and now when he finds out that his strategy is bankrupt, he does not rush to defend it in a targeted way. Instead, they try to make up for a smaller mistake with a bigger one......"
"A blatant violation of the Constitution, or rather...... Crime," Edward said coldly.
Macaulay Andy: "I want to make it clear that our First Amendment to our Constitution never protects mobs!" Freedom of expression is the cornerstone of our beliefs, but it must be based on legality. Otherwise, wouldn't the First Amendment become the protector of extortionists? ”
Edward: "So, you think Franklin should pay for his words?" ”
Macaulay Andy: "Of course, it seems to me that firing him is already saving face for him, or that Principal Lehman is unwilling to call the police and cheapens this guy." For his part, it's not wrong to be locked up for a few years. What's more, Principal Lehmann had previously suspended his salary for three months as a warning, and Franklin himself insisted on going his own way. His expulsion will not attract any sympathy! ”
Edward: "I don't agree. I don't sympathize with this guy, but I'm going to say a few words for him anyway. At the moment, Principal Lehmann's accusations against him are mainly focused on two main points. I think we can just say here behind closed doors, we are all legal people, so we should have a unified point of view! ”
"First, Franklin deliberately interrupted Ambassador Rambo's speech, no, Ambassador Rocky, but in fact the ambassador did not succeed in speaking out publicly."
"The second one, the computer center, after this guy's inflammatory rhetoric, the students rushed into the computer center and manually turned off the power, causing the hardware to be damaged."
"Let's start with the second one." Edward coughed, "At the moment, does Mr. Andy think that Franklin's remarks directly led to the loss of the computer center?" ”
Macaulay Andy: "Obviously. ”
"Well, let me think about it, I remember that there were similar cases in the United States. By the way, "Edward slapped his head and let me turn over history"
"During World War I, patriotic sentiment in the United States was at a high ......"
Andy immediately interrupted: "Please don't say these digressions"
Edward "Joel, you can write this down, every time Mr. Andy interrupts me in the future, you can record it......"
Macaulay Andy glared at it, but there was nothing he could do.
He didn't expect Edward to bring his own clerk, of course the ACLU has a clerk, but Edward said that Joel was an assistant and a clerk, and said that the two sides could exchange transcripts after the final debate, so Andy couldn't find a reason to object.
Now that Joel is Edward's trump card, Andy understands that as long as Joel keeps the records, then Edward can throw them to the media, or even to the ACLU national headquarters, if Robert Burke and Lustberg are concerned about the fact that a former regional chair is still in charge of the day-to-day work of the regional rudder......
That would be very troublesome, Macaulay Andy, of course, also has his own backer in the national headquarters, but this kind of thing can't be put on the table after all, and the meaning of backing is also very clear, if it is too big or too much, it will not be guaranteed......
Andy was deflated.
Edward continued, "During the First World War, the citizens of the United States were very, very patriotic that the Frankfurter sausage was renamed a hot dog, the hamburger was called the Liberty Sandwich, and the German Pickle was called the Liberty Pickle – damn it, why not the Cosmic Pickle?" Beethoven's works were also forbidden to be performed in public, and the works of Schiller and Goethe were strictly sold! In such a fiery environment, the Espionage Prevention Act was born. I gotta say, this thing is a disgrace to the justice of the United States."
In the third case of the Prevention of Espionage Act of 1919, Eugene Debs, the leader of the Socialist Party, ran for president five times. Indicted for a speech he delivered in Camdon, Ohio. ”
The theme of the speech was the development of the SHISM movement and the prediction of the eventual victory of SHISM. Debs said he had just visited a prisoner factory where three of his revolutionary comrades were being held, all three of whom had made outstanding contributions to the working class, and were imprisoned for it. They were arrested and imprisoned for helping others evade military service. Debs said he couldn't say it himself, but the audience could understand what he was saying.
"In court Debs confessed, 'I am being prosecuted for being anti-war, gentlemen, I admit it, I hate war, and as long as I live one day, I will fight war to the end.'" ”
He was sentenced to 10 years in prison for his speech in Ohio. The case later went to the Supreme Court, and Justice Holmes said that the government could punish undesirable speech, and there was conclusive evidence that 'proved to the jury that the purpose of Debs's speech was not to oppose the war in general, but to oppose the ongoing war, and to show that he intended and had substantially prevented the government from recruiting soldiers.'"
"Well, in October 1919, Abrams v. USA, four White Russian Jewish refugees in exile in the United States, three of whom were anarchists and one of whom were shri, were very unhappy with President Wilson's intervention in the October Revolution. So flyers were dropped on the roof of a building on New York City's Lower East Side...... It says Workers awaken, Wilson's government is a mongrel. Then a strike was triggered. The government then sentenced the four to 20 years in prison for sabotaging the war against Germany. Of course, in fact they spent two years in prison, but after being released from prison they were sent back to the Soviet Union, two of whom later went to Mexico, and the other two died one in the Great Purge and one at the hands of the **. Frankly, it was the United States that killed them. ”
"Do you have any objections to this?" Edward looked around.
Everyone was silent.
Everyone knows the case of these two people.
Fifty years ago, there was nothing wrong with this, but with the progress of civilization and justice, such sentences have been spurned by everyone - there is no denying that.
If Hansen had been born 50 years ago, he would have been sentenced to more than 200 years in prison, not now, although he is in prison, he can still complain about grievances through the media.
"Look, how similar they are...... Truth be told, if Stanford's lawyers were to prove that Franklin's incendiary speech was the direct and primary cause of the student riots that followed, I think they would have done so. I think you all know that. ”
"It's just, isn't that really a First Amendment violation? The constitutionally protected right to freedom of expression is undoubtedly a good medicine in this large and increasingly pluralistic society. This right was created in order to remove all kinds of restrictions imposed by the government on public discussion, and to maximize the power to decide what topics to discuss in the hands of each of us. …… Allowing this freedom to exist may lead to earthly noise, noise, discord and sometimes offensive remarks. However, under the established norms, these are only minor side effects of expanding the scope of public discussion. Allowing the air to fill the air with discordant sounds is not a sign of weakness, but a sign of strength. ”
"In 1859, John?? Stewart?? Mill's words in On Liberty are, first of all, that those who are forced to silence may speak the truth. To deny this means that we assume that we are always right. ”
That's why it's important to tolerate even disgusting voices, "Even if those silenced words are false, they may, and often are, contain some truth...... Even if we believe that the opinions in front of us are true, if we do not allow them to be challenged and tested by opposing opinions, people will lack the understanding and perception of their rational basis."
"The right conclusion comes from a diversity of voices, not a choice of authority. For many, this belief is and will be nonsense, yet we take it as a fateful bet.
When people realize that time has worn off a lot of fighting spirit, they will become more convinced that the best way to achieve the best in their hearts is through the free exchange of different ideas. That is, if we want to determine whether an idea is true or not, we should let it be tested in the competition of the marketplace of ideas. Only the truth can ensure that our dreams come true.
The ultimate purpose of the state is to assist people in their free and comprehensive development; Within the government, the power of democratic consultation should outweigh the power of dictatorship. …… Thinking freely and speaking freely is an indispensable way to explore and disseminate political truth. Without freedom of speech and assembly, rational deliberation is an empty phrase. ”
Edward finished speaking in one breath, took a sip of water and continued, "I admit that Franklin's actions may be a danger to society, but none of us are judges, not the FBI, we have no evidence, we can only infer that we are afraid of endangering society!" ”
"But fear of social harm cannot be a justification for suppressing freedom of expression and assembly." Back then, people burned women for fear of witches. One of the functions of speech is to free people from the shackles of irrational fear. To justify restrictions on expression, there must be a reasonable basis for the implementation of freedom of expression with adverse consequences. At the same time, it must be reasonably believed that the danger is imminent......"
"Those who have won independence for us are convinced that the ultimate purpose of the state is to assist people in their free and full development; Within the government, the power of democratic consultation should outweigh the power of dictatorship. The Founding Fathers cherished freedom as a unity of ends and means. They are convinced that freedom is the foundation of happiness and courage is the foundation of freedom. They are also convinced that free thinking and speaking freely are indispensable ways to explore and disseminate political truth. Without freedom of speech and assembly, rational deliberation is an empty phrase. Freedom of expression and assembly can guarantee rational discussion and prevent the spread of harmful doctrines. The greatest threat to freedom is the rigid and passive and apathetic people. Participating in public discourse is a political obligation, and it is the foundation of the U.S. government. The founding fathers acknowledged that with the existence of a system, there is a natural risk of violating the law. But they also know that social order cannot be maintained by punishing lawbreakers alone; Imprisonment of thoughts, hopes, and imaginations invites more dangers; Fear breeds more oppression; Oppression leads to more hatred; Hatred is bound to endanger the stability of the Government. The best way to ensure safety is to ensure that people are free to discuss difficulties and solutions. The best way to correct a bad idea is to come up with a good idea. It was because of their belief in the power of reason in public discourse that the Founding Fathers abandoned legislation that stifled speech – the unmistakable form of discussion by force. They also recognized that even majority rule could breed tyranny, which is why constitutional amendments were enacted to further guarantee freedom of expression and assembly. “
"Those who won our independence through revolution are not cowards. They are not afraid of political change, and they do not sacrifice people's freedom just to maintain order. Courageous and confident people, who have poured the power of freedom and reason into the good functioning of the government of the people, are confident enough that most speech cannot pose a clear and imminent danger unless the danger is imminent before it is fully discussed. If there is enough time, people should be allowed to use discussion to expose fallacies, education to dispel evil thoughts, and more speech to correct dissent, rather than forcing others to silence. Restrictions on expression may be imposed only in cases of special urgency. If power tries to coexist peacefully with freedom, it must follow these rules. In my opinion, this is also a requirement of the Constitution. Therefore, Americans will not tolerate any legislation that deprives freedom of speech and assembly without proof that a state of emergency exists. “
"Madison's famous quote that dictatorship and inefficiency are often the product of a lack of public debate and public scrutiny"
"With all due respect, if it weren't for Principal Lyman's previous missteps, Franklin wouldn't have done that much! The situation now is that we should probably pass a law to suppress Franklin's actions, but not by blatant violation of the First Amendment, which may seem popular, but in reality, the consequences will last for decades or more. ”
"If Rector Lehmann really succeeds, what right do we have to laugh at Moscow University?"