Peaceful protesters opposing U. S. entry into World War I were jailed for expressing their opinions. In the early 1920s, many states outlawed the display of red or black flags, symbols of communism and anarchism. In 1923, author Upton Sinclair was arrested for trying to read the text of the First Amendment at a union rally. It was in response to the excesses of this period that the ACLU was founded in 1920. Free speech rights still need constant, vigilant protection.
New questions arise and old ones return.
In answering these questions, the history and the core values of the First Amendment should be our guide. Although the defendant's conviction under the Espionage Act for distributing anti-war leaflets was upheld, two dissenting opinions formed the cornerstone of our modern First Amendment law. Mere political advocacy, they said, was protected by the First Amendment. As a result, many political activists were prosecuted and jailed simply for advocating communist revolution. Otherwise, even speech that advocates violence is protected.