
America 250 Town Hall Series : What Does the First Amendment Ask of Us?
September 25, 2024
6:30 pm - 8:30 pm
Brooks Memorial Library
224 Main St Brattleboro VT 05301
America 250 Town Hall Series
What Does the First Amendment Ask of Us?
For those unable to attend live, use this link to a live stream brought to you by BCTV.
Meg’s summary of the Supreme Court rulings in Bradenburg v Ohio 1969 is linked below
This Town Hall considers the intellectual and imaginative muscles necessary for holding free speech principles in a pluralist society. We’ll consider the arguments in the Brandenburg decision and then apply them to current protests. How might protecting
freedom of speech help us to disagree?
For those unable to attend live, use this link for a live stream of the event provided by BCTV.
Background: The right to protest is one of the people’s most fundamental freedoms, but what about speech that veers toward lawlessness or social disorder? During most of the 20th century, governments put speakers in jail for creating a “clear and present danger.” Under that rule, Eugene Debs went to prison for denouncing the first World War and Charlotte Whitney went to jail for belonging to the Communist Party. As far as the government was concerned, their sentences were too dangerous to be heard in public.
In 1969, the Supreme Court changed the rule. Only words that caused “immanent lawless action” could be suppressed. In the Brandenburg decision, the ACLU successfully defended a Klansman, giving all of us greater freedom from government prosecution. The Black and Jewish advocates who came to the aid of Clarence Brandenburg were able to see the principles of free speech beyond his racist and anti-Semitic rhetoric.
Question: When does the right to protest fall outside the protections of the First Amendment?