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Where would you draw the line between free speech and threats to national security?

You've probably heard people say--perhaps with exasperation--that there are limits to free speech. What happens if someone shouts "Fire!" in a crowded movie theater, for instance? On the other hand, what if you see a war developing that seems unnecessary? Consider again what happened to Eugene Debs, who was convicted in 1918 under the Espionage Act, a law that is still in effect today.

Here is what Debs said to the judge during his trial:

Eugene Victor Debs

"Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free.

I listened to all that was said in this court in support and justification of this prosecution, but my mind remains unchanged. I look upon the Espionage Law as a despotic enactment in flagrant conflict with democratic principles and with the spirit of free institutions.

Your Honor, I have stated in this court that I am opposed to the social system in which we live; that I believe in a fundamental change–but if possible by peaceable and orderly means."

Do you believe that the text or the spirit of the Constitution allows the government to restrict the speech of people speak out against a war? What about Americans who express views that are not aligned with the views of most other Americans? Can you think of any examples of this possible dilemma that are happening today?

Suppose you've been asked to defend your ideas about the proper balance between national security and free speech. Then create an essay, a speech, or a video presentation expressing your views on the limits that are typically imposed on free speech in the United States. Start with a statement describing what approach the government should take in a particular situation to achieve the proper balance between individual rights and national security. Then, develop several reasons why the approach you suggest is the right or best one. Lastly, provide real examples supporting each reason, or describe hypothetical situations that help prove your point.

You might want to use the worksheet below to get some on your ideas written down, before crafting your essay, speech, or video presentation. You should just turn in your final product, though.



Your work on this assignment will be evaluated using the rubric below.

Main Idea 10 points You begin your essay, speech, or video with a statement of your main idea, describing, in a general way, what approach the government should take to achieve the proper balance between individual rights and national security.
Background 10 points You clearly and completely describe the American government’s current approach to balancing individual rights and national security.
Reasons 10 point You provide several strong reasons why the approach you suggested is the right or best approach.
Examples 10 points You include real-life examples of hypothetical situations to support each of your reasons.
Presentation 10 points Your essay, speech, or video is well organized—it’s easy to follow your ideas from beginning to end.