Never in the history of our country, since the Alien and Sedition
Laws of 1798, has the meaning of free speech been the subject of
such sharp controversy as to-day. Over nineteen hundred
prosecutions and other judicial proceedings during the war,
involving speeches, newspaper articles, pamphlets, and books, have
been followed since the armistice by a widespread legislative
consideration of bills punishing the advocacy of extreme
radicalism. It is becoming increasingly important to determine the
true limits of freedom of expression, so that speakers and writers
may know how much they can properly say, and governments may be
sure how much they can lawfully and wisely suppress. The United
States Supreme Court has recently handed down several decisions
upon the Espionage Act, which put us in a much better position than
formerly to discuss the wartime aspects of the general problem of
liberty of speech. Therefore, instead of beginning with an abstract
treatment of that problem, I shall take the concrete situation of
opposition to war, and from it endeavor to work out the fundamental
principles of the whole subject. These can afterwards be tested by
their application to radical agitation in peace.
General
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