Progressive Era

The Progressive Era started in 1907 with the first court case dealing with a journalist, Patterson vs Colorado. The journalists were sick of being thrown and jail and their first amendment right being taken advantage of. In 1915 a case about a movie where Lincoln was assassinated came to the courts when the film caused fist fights in ohio. The film was banned and the film company sued, claiming it was a prior restraint. Prior restraint is when the government stops you from speaking or writing before you have even done it. This causes subsequent punishment - when the government punishes you after the fact. The reasoning for the defence is speech action dichotomy, claiming that speech is protected under the first amendment, and action is not. This makes the film not protected under the first amendment. Journalists, movie creators, and those who wished to express their first amendment rights started to use expressive action, which is an action that has an expressive message to the public. In 1917, the US entered the war, and the US espionage act passed. In 1918, the sedition act was created, which made it a crime to talk bad about the government. This imposes on the first amendment right citizens have to speak freely. Many said the government violated the first amendment, and because the government didn't agree, they were thrown in jail. During the progressive era, the limits of the first amendment were tested in a multitude of ways.