Geoffrey R. Stone on What American History Can Teach Us About the Interplay Between Free Speech and Democracy

Here Is What American History Can Teach Us About the Interplay Between Free Speech and Democracy

In light of the free speech issues now occurring in Hong Kong, it is useful for Americans to understand our own struggles to protect and promote the values embodied in our First Amendment guarantee of “the freedom of speech, and of the press.” We Americans pride ourselves on our national commitment to freedom of speech. It is, we say, central to our history, our culture and our aspirations. In truth, though, our record of protecting the freedom of speech, especially in times of real or perceived crisis, has often been dismal.

At such moments, Americans have too often allowed fear and fury to get the better of them. Time and again, we have suppressed dissent, imprisoned and deported persons thought to be disloyal, and then later regretted our actions. But then we do it again. In the discussion that follows, I will briefly explore these issues in three representative episodes in American history: the “Half War” with France in 1798, World War I, and the Cold War.

As we shall see, there are important lessons to be learned from this history. One lesson is that the pressures existing in times of perceived crisis naturally cause citizens to demand protection from enemies—both real and imagined. Another lesson is that government officials often act too quickly to acquiesce to those demands, even if they know that the demands are unnecessary and unreasonable. And a third lesson is that political leaders often exploit the fears and anxieties of citizens for partisan political advantage.

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