"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).
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).
