The inclusion of freedom of speech in the Bill of Rights by the framers of the United States Constitution was driven by several historic reasons, deeply rooted in their experiences and philosophical beliefs.
1. Response to British Censorship and Suppression:
- Colonial Experience: Before and during the American Revolution, the American colonists experienced significant censorship and suppression of speech and the press by the British government. The British Crown often used laws like the Seditious Libel to punish those who criticized the government or the monarchy. The case of John Peter Zenger in 1735, where Zenger was acquitted after being charged with libel for publishing criticism of the colonial governor, was a landmark moment that highlighted the need for protecting free expression .
- Censorship: The British government routinely censored newspapers and pamphlets that were critical of its policies, which angered the colonists and reinforced the belief that free speech was essential to democracy and resistance against tyranny.
2. Reaction Against Tyranny:
- Fear of Government Overreach: The framers were deeply concerned about the possibility of government overreach and tyranny. They believed that protecting free speech was a crucial way to prevent any government, including the one they were establishing, from becoming tyrannical. Free speech was seen as a way to ensure that the government remained accountable to the people.
- Precedents in Colonial Charters: Some colonial charters and early state constitutions already included protections for free speech. The framers wanted to ensure that these protections were enshrined at the national level.
3. The Need for Informed Citizenship in a Democracy:
- Democratic Principles: The framers understood that for a democracy to function effectively, citizens needed to be well-informed and able to discuss and debate issues openly. They believed that freedom of speech was essential for the public to make informed decisions and to hold their government accountable.
- Jefferson’s Influence: Thomas Jefferson, in particular, was a strong advocate for free speech and a free press, believing that an informed electorate was the cornerstone of a healthy democracy.