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John Dalberg-Acton, 1st Baron Acton
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The Right Honourable
The Lord Acton
KCVO DL
Member of Parliament
for Bridgnorth
In office
25 July 1865 – 1866
Serving with John Pritchard
Preceded by
Henry Whitmore
Succeeded by
Henry Whitmore
Member of Parliament
for Carlow Borough
In office
19 May 1859 – 25 July 1865
Preceded by
John Alexander
Succeeded by
Thomas Osborne Stock
Personal details
Born
John Emerich Edward Dalberg-Acton
10 January 1834
Naples, Two Sicilies
Died
19 June 1902(1902-06-19) (aged 68)
Tegernsee, Bavaria
German Empire
Nationality
British
Political party
Liberal Party
Alma mater
Oscott College
Occupation
Historian, politician
John Emerich Edward Dalberg-Acton, 1st Baron Acton, KCVO DL (10 January 1834 – 19 June 1902) was an English Catholic historian, politician, and writer. He was the only son of Sir Ferdinand Dalberg-Acton, 7th Baronet[1] and a grandson of the Neapolitan admiral Sir John Acton, 6th Baronet.[2][3] From 1837 to 1869 he was known as Sir John Dalberg-Acton, 8th Baronet.
He is perhaps best known for the remark in a letter to an Anglican bishop, "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men,..."[4]
Contents
[hide]
1 Early life
2 Career
2.1 Politics
2.2 Religion and writings
3 Personal life
4 Professor at Cambridge
5 Death and legacy
6 Styles of address
7 Ancestry
8 Notable quotations
9 Works
10 See also
11 Notes
12 References
13 Further reading
14 External links
Early life[edit]
Acton's grandfather, who in 1791 succeeded to the baronetcy and family estates in Shropshire, previously held by the English branch of the Acton family, represented a younger branch which had transferred itself first to France and then to Italy. However, by the extinction of the elder branch, the admiral became head of the family. His eldest son, Richard, married Marie Louise Pelline, the only daughter and heiress of Emmerich Joseph, 1st Duc de Dalberg, a naturalised French noble of ancient German lineage who had entered the French service under Napoleon and represented Louis XVIII at the Congress of Vienna in 1814. After Sir Richard Acton's death in 1837, she became the wife of the 2nd Earl Granville (1840).[3][1] Marie Louise Pelline de Dalberg was heiress of Herrnsheim in Germany. She became the mother of John Dalberg-Acton who was born in Naples.[2][3]
From an old Roman Catholic family, young Acton was educated at Oscott College under future-Cardinal Nicholas Wiseman until 1848 and then at Edinburgh where he studied privately. His attempt to be admitted to the University of Cambridge failed because he was a Catholic.[3] So Acton went to Munich where he studied at the University and resided in the house of Johann Joseph Ignaz von Döllinger, theologian and forerunner of the Old Catholic Church, with whom he became lifelong friends.[5] Döllinger had inspired in him a deep love of historical research and a profound conception of its functions as a critical instrument, particularly in the history of liberty.[5] He was a master of the principal foreign languages and began at an early age to collect a magnificent historical library, with the object—which, however, he never realised—of writing a great "History of Liberty." In politics, he was always an ardent Liberal.[3]
Career[edit]
Portrait of John Acton by Franz Seraph von Lenbach, circa 1879.
Through extensive travels, Acton spent much time in the chief intellectual centres reading the actual correspondence of historical personalities.[5] Among his friends were Montalembert, Tocqueville, Fustel de Coulanges, Bluntschli, von Sybel and Ranke. In 1855, he was appointed Deputy Lieutenant of Shropshire.[1] A year later, he was attached to Lord Granville's mission to Moscow as British representative at the coronation of Alexander II of Russia.[3]
Politics[edit]
In 1859, Acton settled in England, at his country house, Aldenham, in Shropshire. He returned to the House of Commons that same year as member for the Irish Borough of Carlow and became a devoted admirer and adherent of Prime Minister William Ewart Gladstone. However, Acton was not an active MP, and his parliamentary career came to an end after the general election of 1865, when he headed the Liberal ballot for Bridgnorth near his Shropshire home. Acton defeated Conservative leader Henry Whitmore, who successfully petitioned for a scrutiny of the ballots, and thus retained his own seat and Acton lost his new seat. After the Reform Act 1867, Acton again contested Bridgnorth, this time reduced to a single seat, in 1868 but to no avail.[6]
Acton took a great interest in the United States, considering its federal structure the perfect guarantor of individual liberties. During the American Civil War, his sympathies lay entirely with the Confederacy, for their defence of States' Rights against a centralised government that he believed would, by what he thought to be all historical precedent, inevitably turn tyrannical. His notes to Gladstone on the subject helped sway many in the British government to sympathise with the South. After the South's surrender, he wrote to Robert E. Lee that "I mourn for the stake which was lost at Richmond more deeply than I rejoice over that which was saved at Waterloo," adding that he "deemed that you were fighting battles for our liberty, our progress, and our civilization."[7]
In 1869 Queen Victoria raised Acton to the peerage as Baron Acton, of Aldenham in the County of Shropshire. His elevation came primarily through the intercession of Gladstone.[8] The two were intimate friends and frequent correspondents. Matthew Arnold said that "Gladstone influences all round him but Acton; it is Acton who influences Gladstone."[6] Acton was appointed to the Royal Victorian Order as a Knight Commander (KCVO) in the 1897 Birthday Honours.[9][10]
Religion and writings[edit]
Lord Acton, with Döllinger and William Gladstone, 1879.
Meanwhile, Acton became the editor of the Roman Catholic monthly paper, The Rambler, in 1859, upon John Henry (later Cardinal) Newman's retirement from the editorship.[11] In 1862, he merged this periodical into the Home and Foreign Review. His contributions at once gave evidence of his remarkable wealth of historical knowledge. Though a sincere Roman Catholic, his whole spirit as a historian was hostile to ultramontane pretensions, and his independence of thought and liberalism of view speedily brought him into conflict with the Roman Catholic hierarchy. As early as August 1862, Cardinal Wiseman publicly censured the Review; and when in 1864, after Döllinger's appeal at the Munich Congress for a less hostile attitude towards historical criticism, the pope issued a declaration that the opinions of Catholic writers were subject to the authority of the Roman congregations, Acton felt that there was only one way of reconciling his literary conscience with his ecclesiastical loyalty, and he stopped the publication of his monthly periodical. He continued, however, to contribute articles to the North British Review, which, previously a Scottish Free Church organ, had been acquired by friends in sympathy with him, and which for some years (until 1872, when it ceased publication) promoted the interests of a high-class Liberalism in both temporal and ecclesiastical matters. Acton also did a good deal of lecturing on historical subjects.[6]
In the March 1862 Rambler, Acton wrote: "The Celts are not among the progressive, initiative races, but among those which supply the materials rather than the impulse of history, and are either stationary or retrogressive. The Persians, the Greeks, the Romans, and the Teutons are the only makers of history, the only authors of advancement. Other races possessing a highly developed language, a speculative religion, enjoying luxury and art, attain to a certain pitch of cultivation which they are unable to either communicate or to increase. They are a negative element in the world." And: "Subjection to a people of a higher capacity for government is of itself no misfortune; and it is to most countries the condition of their political advancement."[12]
In 1870, along with his mentor Döllinger, Acton opposed the moves to promulgate the doctrine of papal infallibility in the First Vatican Council, travelling to Rome to lobby against it, ultimately unsuccessfully.[13] Unlike Döllinger Acton did not become an Old Catholic, and continued attending Mass regularly; he received the last rites on his deathbed.[14] The Catholic Church did not try to force his hand. It was in this context that, in a letter he wrote to scholar and ecclesiastic Mandell Creighton, dated April 1887, Acton made his most famous pronouncement:
But if we might discuss this point until we found that we nearly agreed, and if we do agree thoroughly about the impropriety of Carlylese denunciations and Pharisaism in history, I cannot accept your canon that we are to judge Pope and King unlike other men, with a favourable presumption that they did no wrong. If there is any presumption it is the other way, against the holders of power, increasing as the power increases. Historic responsibility has to make up for the want of legal responsibility. Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it. That is the point at which the negation of Catholicism and the negation of Liberalism meet and keep high festival, and the end learns to justify the means. You would hang a man of no position like Ravaillac; but if what one hears is true, then Elizabeth asked the gaoler to murder Mary, and William III of England ordered his Scots minister to extirpate a clan. Here are the greatest names coupled with the greatest crimes; you would spare those criminals, for some mysterious reason. I would hang them higher than Haman, for reasons of quite obvious justice, still more, still higher for the sake of historical science.[4]
Thenceforth he steered clear of theological polemics. He devoted himself to reading, study and congenial society. With all his capacity for study, he was a man of the world and a man of affairs, not a bookworm.[6] His only notable publications were a masterly essay in the Quarterly Review of January 1878 on "Democracy in Europe;" two lectures delivered at Bridgnorth in 1877 on "The History of Freedom in Antiquity" and "The History of Freedom in Christianity"—these last the only tangible portions put together by him of his long-projected "History of Liberty;" and an essay on modern German historians in the first number of the English Historical Review, which he helped to found (1886). After 1879 he divided his time between London, Cannes, and Tegernsee in Bavaria, enjoying and reciprocating the society of his friends. In 1872 he had been given the honorary degree of Doctor of Philosophy by the University of Munich; in 1888 Cambridge gave him the honorary degree of Doctor of Laws, and in 1889 Oxford the Doctor of Civil Law; and in 1890 he received the high academic accolade of being made a fellow of All Souls College, Oxford.[6]
In 1874, when Gladstone published his pamphlet on The Vatican Decrees in their Bearing on Civil Allegiance, Lord Acton wrote during November and December a series of remarkable letters to The Times, illustrating Gladstone's main theme by numerous historical examples of papal inconsistency, in a way which must have been bitter enough to the ultramontane party, but ultimately disagreeing with Gladstone's conclusion and insisting that the Church itself was better than its premises implied. Acton's letters led to another storm in the English Roman Catholic world, but once more it was considered prudent by the Holy See to leave him alone. In spite of his reservations, he regarded "communion with Rome as dearer than life".[6]
Personal life[edit]
In 1865 Acton married Countess Marie Anna Ludomilla Euphrosina von Arco auf Valley, daughter of the Bavarian Count Maximilian von Arco auf Valley, by whom he had six children:[15]
Hon. Mary Elizabeth Anne Dalberg-Acton (1866–1951), married Lt-Col. Edward Bleiddian Herbert and had issue.
Hon. Annie Mary Catherine Dalberg-Acton (1868–1917)
Richard Lyon-Dalberg-Acton, 2nd Baron Acton (1870–1924)
Hon. John Dalberg Dalberg-Acton (1872–1873)
Hon. Elizabeth Mary Dalberg-Acton (1874–1881)
Hon. Jeanne Marie Dalberg-Acton (1876–1919)
His nephew was Anton Graf von Arco auf Valley (1897–1945), a German count and political activist, and assassin of socialist Bavarian minister-president Kurt Eisner in 1919.
Professor at Cambridge[edit]
Acton's reputation for learning gradually spread abroad, largely through Gladstone's influence. Gladstone found him a valuable political adviser, and in 1892, when the Liberal government came in, Lord Acton was made a lord-in-waiting. Finally, in 1895, on the death of Sir John Seeley, Lord Rosebery appointed him to the Regius Professorship of Modern History at Cambridge.[5] He delivered two courses of lectures on the French Revolution and on Modern History, but it was in private that the effects of his teaching were felt most. The Cambridge Modern History, though he did not live to see it, was planned under his editorship.[6]
Death and legacy[edit]
Lord Acton became ill in 1901 and died on 19 June 1902 in Tegernsee. He was succeeded in the title by his son, Richard Lyon-Dalberg-Acton, 2nd Baron Acton. His 60,000-volume library, formed for use and not for display and composed largely of books full of his own annotations, was bought immediately after his death by Andrew Carnegie and presented to John Morley, who forthwith gave it to the University of Cambridge.[6]
According to Hugh Chisholm, editor of the 1911 Encyclopædia Britannica:
Lord Acton has left too little completed original work to rank among the great historians; his very learning seems to have stood in his way; he knew too much and his literary conscience was too acute for him to write easily, and his copiousness of information overloads his literary style. But he was one of the most deeply learned men of his time, and he will certainly be remembered for his influence on others.[6]
Styles of address[edit]
1834–1837: Mr John Dalberg-Acton
1837–1855: Sir John Dalberg-Acton Bt
1855–1859: Sir John Dalberg-Acton Bt DL
1859–1866: Sir John Dalberg-Acton Bt DL MP
1866–1869: Sir John Dalberg-Acton Bt DL
1869–1897: The Right Honourable The Lord Acton DL[a]
1897–1902: The Right Honourable The Lord Acton KCVO DL
Jump up ^ Although The Lord Acton was a baronet, by custom the post-nominal of "Bt" is omitted, as Peers of the Realm do not list subsidiary hereditary titles.
Ancestry[edit]
[show]Ancestors of John Dalberg-Acton, 1st Baron Acton
8. Dr. Edward Acton
4. Sir John Acton, 6th Baronet
9. Catherine Loys
2. Sir Ferdinand Richard Edward Acton
10. Lt-Gen. Joseph Edward Acton
5. Marianna Acton
11. Gräfin Marie Eleanore Berghe von Trips
1. John Dalberg-Acton, 1st Baron Acton
12. Freiherr Wolfgang Heribert Kämmerer von Worms gen. von Dalberg zu Herrnsheim
6. Emmerich Joseph von Dalberg, Duke of Dalberg
13. Freiin Maria Elisabeth Augusta Ulner von Dieburg
3. Marie Louise Pelline von Dalberg
14. Antonio Giulio III Brignole-Sale, 9th Marquis of Groppoli
7. Marie Pellegrine Thérèse Brignole-Sale
15. Anna Maria Gaspara Vincenza Pieri-Serriciardi
Notable quotations[edit]
This section is a candidate to be copied to Wikiquote using the Transwiki process.
History is the arbiter of controversy, the monarch of all she surveys.[16]
Universal History is ... not a burden on the memory but an illumination of the soul.[17]
There is not a more perilous or immoral habit of mind than the sanctifying of success. [said of Oliver Cromwell][18]
The strong man with the dagger is followed by the weak man with the sponge.[19][20]
The science of politics is the one science that is deposited by the streams of history, like the grains of gold in the sand of a river; and the knowledge of the past, the record of truths revealed by experience, is eminently practical, as an instrument of action and a power that goes to making the future.[21]
Save for the wild force of Nature, nothing moves in this world that is not Greek in its origin.[22]
Liberty is not the power of doing what we like, but the right of being able to do what we ought.[23]
The wisdom of divine rule appears not in the perfection but in the improvement of the world... History is the true demonstration of Religion.[24]
Works[edit]
The Civil War in America: Its Place in History (lecture; 1866).
The Rise and Fall of the Mexican Empire (lecture; 1868).
Letters from Rome on the Council (1870).
The War of 1870 (lecture; 1871).
The History of Freedom in Antiquity (address; 1877).
The History of Freedom in Christianity (address; 1877).
Introductory note to L.A. Burd's edition of Machiavelli's Il Principe (1891).
A Lecture on the Study of History (1895).
Introductory note to G.P. Gooch's Annals of Politics and Culture (1901).
Posthumous
Letters of Lord Acton to Mary, Daughter of the Right Hon. W.E. Gladstone (1904).
Lectures on Modern History (1906).[25]
The History of Freedom and Other Essays (1907).
Historical Essays and Studies (1907).
Lectures on the French Revolution (1910).
Selections from the Correspondence of the First Lord Acton (1917).
Articles
"Mill on Liberty," Part II, The Rambler (1859–60).
"The Roman Question," The Rambler (1860).
"The State of the Church," The Rambler (1860).
"Hefele's 'Life of Ximenes'," The Rambler (1860).
"The Political System of the Popes," Part II, Part III, The Rambler (1860–61).
"Döllinger's 'History of Christianity'," The Rambler (1861).
"Notes on the Present State of Austria," The Rambler (1861).
"Political Causes of the American Revolution," The Rambler (1861).
"Cavour," The Rambler (1861).
"The Catholic Academy," The Rambler (1861).
"Döllinger on the Temporal Power," The Rambler (1861).
"Mr. Goldwin Smith's Irish History," The Rambler (1862).
"The Protestant Theory of Persecution," The Rambler (1862).
"Nationality," Home and Foreign Review (1862).
"Secret History of Charles II," Home and Foreign Review (1862).
"Confessions of Frederick the Great," Home and Foreign Review (1863).
"The Waldensian Forgeries," Home and Foreign Review (1863).
"Ultramontanism," Home and Foreign Review (1863).
"Mediæval Fables of the Popes," Home and Foreign Review (1863).
"The Munich Congress," Home and Foreign Review (1864).
"Conflicts with Rome," Home and Foreign Review (1864).
"Material Resources of the Papacy," The Chronicle (1867).
"Fra Paolo Sarpi," The Chronicle (1867).
"The Case of Monte Cassino," The Chronicle (1867).
"Döllinger on Universities," The Chronicle (1867).
"The Ministerial Changes in Italy," The Chronicle (1867).
"Secret History of the Italian Crisis," The Chronicle (1867).
"The Secret Bull," The Chronicle (1867).
"Reminiscences of Massimo d'Azeglio," The Chronicle (1867).
"The Next General Council," The Chronicle (1867).
"Ranke," The Chronicle (1867).
"M. Littré on the Middle Ages," The Chronicle (1867).
"Mr. Goldwin Smith on the Political History of England," The Chronicle (1867).
"Nicholas of Cusa," The Chronicle (1867).
"Maurice of Saxony," The Chronicle (1867).
"The Acta Sanctorum," The Chronicle (1867).
"The Queen's Journal," The Chronicle (1868).
"Ozanam on the Fifth Century," The Chronicle (1868).
"The Massacre of St. Bartholomew," The North British Review (1868).
"The Pope and the Council," The North British Review (1869).
"The Vatican Council," The North British Review (1870).
"The Borgias and their Latest Historian," The North British Review (1871).
"Wolsey and the Divorce of Henry VIII," Quarterly Review (1877).
"Sir Erskine May's 'Democracy in Europe'," Quarterly Review (1878).
"George Eliot's Life," The Nineteenth Century (1885).
"German Schools of History," English Historical Review (1886).
"Wilhelm von Giesebretch," English Historical Review (1890).
"Döllinger's Historical Work," English Historical Review (1890).
See also[edit]
Acton Institute for the Study of Religion & Liberty
Notes[edit]
^ Jump up to: a b c Dod, Robert P. (1860). The Peerage, Baronetage and Knightage of Great Britain and Ireland. London: Whitaker and Co. p. 83.
^ Jump up to: a b Chambers Biographical Dictionary, ISBN 0-550-16010-8, p. 6
^ Jump up to: a b c d e f Chisholm 1911, p. 159.
^ Jump up to: a b Letter to Bishop Mandell Creighton, April 5, 1887 published in Historical Essays and Studies, edited by J. N. Figgis and R. V. Laurence (London: Macmillan, 1907)
^ Jump up to: a b c d Gronbacher, Gregory (2008). "Acton, Lord (1834–1902)". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 4–5. ISBN 978-1412965804. LCCN 2008009151. OCLC 750831024. doi:10.4135/9781412965811.n3.
^ Jump up to: a b c d e f g h i Chisholm 1911, p. 160.
Jump up ^ 4 Nov 1866, letter to Robert E. Lee, The Acton-Lee Correspondence at lewrockwell.com, accessed 21 February 2011.
Jump up ^ Norman, Edward (1988). Cannon, John, ed. The Blackwell Dictionary of Historians. Oxford; New York: Basil Blackwell Ltd. p. 1. ISBN 0-631-14708-X.
Jump up ^ "No. 26871". The London Gazette. 9 July 1897. p. 3819.
Jump up ^ "No. 10900". The Edinburgh Gazette. 13 July 1897. p. 673.
Jump up ^ MacDougall, Hugh A. (1962). The Acton/Newman Relations: The Dilemma of Christian Liberalism. Fordham University Press.
Jump up ^ The History of Freedom and Other Essays, eds. J. N. Figgis and R. V. Laurence (London: Macmillan, 1907). Chapter: VIII: MR. GOLDWIN SMITH’S IRISH HISTORY
Jump up ^ Tonsor, Stephen J (1959). "Lord Acton on Dollinger's Historical Theology". Journal of the History of Ideas. 20 (3): 329–352. doi:10.2307/2708113.
Jump up ^ Thurston, Herbert (1907). "John Emerich Edward Dalberg Acton, Baron Acton". In Herbermann, Charles. Catholic Encyclopedia. 1. New York: Robert Appleton Company.
Jump up ^ John Emerich Edward Dalberg-Acton, 1st Baron Acton of Aldenham at thepeerage.com
Jump up ^ http://www.firstthings.com/article/2011/03/whig-history-at-eighty
Jump up ^ Lectures on Modern History (1895) Appendix I. at Project Gutenberg.
Jump up ^ Lectures on Modern History (1895) Lecture XI, The Puritan Revolution. at Project Gutenberg.
Jump up ^ Lectures on the French Revolution (1910) Macmillan, p. 92, at Project Gutenberg.
Jump up ^ quoted in Forbidden Knowledge (1996) by Roger Shattuck, p. 236
Jump up ^ A Lecture on the Study of History, 1895 Macmillan (1911), p. 3, at Project Gutenberg.
Jump up ^ John Acton Quotes from brainyquote.com Accessed 21 February 2011.
Jump up ^ as quoted in The American Political Science Review vol.56, 1963 from The Rambler Volume 2 (1860) p. 146.
Jump up ^ http://www.bu.edu/historic/riha/core.html
Jump up ^ Willert, P. F. (January 1907). "Review of Lectures on Modern History by the late Right Honourable John Edward Emerich, First Baron Acton; edited by J. N. Figgis and R. Vere Lawrence". The English Historical Review. 22: 164–166.
References[edit]
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Acton (John Emerich Edward Dalberg Acton), 1st Baron". Encyclopædia Britannica. 1 (11th ed.). Cambridge University Press. pp. 159–160.
Further reading[edit]
Acton, Harold (1961). "Lord Acton". Chicago Review. 15 (1): 31–44. doi:10.2307/25293642.
Boyd, Kelly, ed. Encyclopedia of Historians and Historical Writers (Rutledge, 1999) 1:1-2
Brinton, Crane (1919). "Lord Acton's Philosophy of History". The Harvard Theological Review. 12 (1): 84–112. JSTOR 1507914. doi:10.1017/s0017816000010300.
Chadwick, Owen (1976). Acton and Gladstone. London: Athlone Press.
Chadwick, Owen (1998). Acton and History. Cambridge University Press.
Deane, Seamus F (1972). "Lord Acton and Edmund Burke". Journal of the History of Ideas. 33 (2): 325–335. doi:10.2307/2708878.
Drew, Mary Gladstone (1924). "Acton and Gladstone." In: Acton, Gladstone, and Others. London, Nisbet & Co., ltd., pp. 1–31.
Engel-Janosi, Friedrich (1941). "Reflections of Lord Acton on Historical Principles". The Catholic Historical Review. 27 (2): 166–185.
Fasnacht, George Eugene (1952). Acton's Political Philosophy: An Analysis. London: Hollis.
Gasquet, Abbot (1906). Lord Acton and His Circle. London: Burn & Oates.
Himmelfarb, Gertrude (1952). Lord Action: A Study in Conscience and Politics. Chicago, Illinois: University of Chicago Press.
Hill, Roland (2000). Lord Acton. New Haven, CT and London: Yale University Press.
Kirk, Russell (1994). Lord Acton on Revolution. Grand Rapids, Mich.: Acton Institute.
Lang, Timothy (2002). "Lord Acton and 'The Insanity of Nationality'". Journal of the History of Ideas. 63 (1): 129–149. doi:10.2307/3654261.
Laski, Harold J. (1918). "Lord Acton: Idealist," The Dial, Vol. LXV, pp. 59–61.
Lilly, W.S. (1911). "Lord Acton and the French Revolution," The Dublin Review, Vol. CXLVIII, pp. 213–229.
Lyttelton, Maud (1904). "Mr. Gladstone's Friendship with Lord Acton," Lippincott's Magazine, Vol. LXXIV, pp. 610–616.
Mathew, David (1946). Acton: The Formative Years. London: Eyre & Spottiswoode.
Mathew, David (1968). Lord Acton and His Times. London: Eyre & Spottiswoode.
Massey, Hector J (1969). "Lord Acton's Theory of Nationality". The Review of Politics. 31 (4): 495–508. doi:10.1017/s0034670500011827.
Murphy, Terrence (1984). "Lord Acton and the Question of Moral Judgments in History: The Development of His Position". The Catholic Historical Review. 70 (2): 225–250.
Nurser, John (1987). The Reign of Conscience: Individual, Church, and State in Lord Acton's History of Liberty. London: Taylor & Francis.
Pezzimenti, Rocco (2001). The Political Thought of Lord Acton: The English Catholics in the Nineteenth Century. Leominster: Gracewing.
Poole, Reginald L. (1902). "John Emerich, Lord Acton". The English Historical Review. 17 (68): 692–699. doi:10.1093/ehr/xvii.lxviii.692.
Schuettinger, Robert Lindsay (1976). Lord Acton: Historian of Liberty. Open Court Publishing Company.
Thurston, Herbert (1906). "The Late Lord Acton," The Catholic World, Vol. LXXXIV, pp. 357–372.
Tulloch, Hugh (1988). Acton. New York: St. Martin's Press.
Watt, E.D. (1966). "Rome and Lord Acton: A Reinterpretation". The Review of Politics. 28 (4): 493–507. doi:10.1017/s003467050001322x.
Weaver, Richard M. (1961). "Lord Acton: The Historian as Thinker". Modern Age. V (1): 13–22.
External links[edit]
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Making History biography
Podcast on Power and corruption (see footnote in article for link to podcoast
Works by John Dalberg-Acton, 1st Baron Acton at Project Gutenberg
Works by or about John Dalberg-Acton, 1st Baron Acton at Internet Archive
Works by Lord Acton at Liberty Fund
Works by Lord Acton at Hathi Trust
Acton Institute: Research on Lord Acton sources from the Acton Institute
"Archival material relating to John Dalberg-Acton, 1st Baron Acton". UK National Archives.
John Dalberg-Acton, 1st Baron Acton at Goodreads
Tocqueville-Acton Centre for Studies & Documentation (Italian and English)
Lord Acton, Nationality (1862)
Parliament of the United Kingdom
Preceded by
John Alexander Member of Parliament for Carlow Borough
1859–1865 Succeeded by
Thomas Osborne Stock
Preceded by
Henry Whitmore
John Pritchard Member of Parliament for Bridgnorth
1865–1866
With: John Pritchard Succeeded by
Henry Whitmore
John Pritchard
Peerage of the United Kingdom
New creation Baron Acton
1869–1902 Succeeded by
Richard Lyon-Dalberg-Acton
Baronetage of England
Preceded by
Ferdinand Dalberg-Acton Baronet
(of Aldenham)
1837–1902 Succeeded by
Richard Lyon-Dalberg-Acton
Authority control
WorldCat Identities
VIAF: 2510712
LCCN: n83158562
ISNI: 0000 0001 0862 7252
GND: 118646796
SELIBR: 175755
SUDOC: 027695085
BNF: cb12159014h (data)
NLA: 36551021
NDL: 00620244
NKC: skuk0000004
ICCU: IT\ICCU\SBLV\140603
BNE: XX820746
IATH: w6qc0dm5
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2017 Major League Baseball All-Star Game
From Wikipedia, the free encyclopedia
Jump to: navigation, search
2017 Major League Baseball All-Star Game
1
2
3
4
5
6
7
8
9
10
R
H
E
American League 0 0 0 0 1 0 0 0 0 1 2 10 0
National League 0 0 0 0 0 1 0 0 0 0 1 7 0
Date
July 11, 2017
Venue
Marlins Park
City
Miami, Florida
Managers
Brad Mills[a] (CLE)
Joe Maddon (CHC)
MVP
Robinson Canó (SEA)
Attendance
37,188
First pitch
Roberto Alomar, Rod Carew, Orlando Cepeda, Pedro Martínez, Tony Pérez, Iván Rodríguez
Television
Fox
TV announcers
Joe Buck, John Smoltz, Ken Rosenthal and Tom Verducci
Radio
ESPN
Radio announcers
Jon Sciambi and Chris Singleton
← 2016
Major League Baseball All-Star Game
2018 →
The 2017 Major League Baseball All-Star Game was the 88th edition of the Major League Baseball All Star Game. The game was hosted by the Miami Marlins and was played at Marlins Park on July 11, 2017. It was televised nationally by Fox. The game was the first since 2002 whose outcome did not determine home-field advantage for the World Series; instead, the team with the better regular-season record will have home-field advantage. The Marlins were announced as the hosts on February 10, 2015, by Major League Baseball Commissioner Rob Manfred; the game was the Marlins' first time hosting, leaving the Tampa Bay Rays as the only MLB franchise not to have hosted an All-Star game.
The American League won, 2–1, in 10 innings. Robinson Canó, second baseman for the Seattle Mariners, hit the game winning home run for the American League and was named the 2017 All-Star Game Most Valuable Player.
Contents
[hide]
1 Fan balloting
1.1 Starters
1.2 Final roster spot
2 Rosters
2.1 American League
2.2 National League
2.2.1 Roster notes
3 Game summary
3.1 Starting lineup
3.2 Line score
4 Ratings
5 See also
6 Notes
7 References
8 External links
Fan balloting[edit]
Starters[edit]
Balloting for the 2017 All-Star Game starters began online May 1 and ended on June 29. The top vote-getters at each position (including the designated hitter for the American League) and the top three among outfielders, would be starters for their respective leagues.[2] The results were announced on July 2. Bryce Harper was the leading vote-getter with 4,630,306 votes.[3]
Final roster spot[edit]
After the rosters were finalized, a second ballot of five players per league was created for the All-Star Final Vote to determine the 33rd and final player of each roster. The online balloting was conducted from July 2 through July 6. The winners of the All-Star Final Vote were Mike Moustakas of the American League's Kansas City Royals and Justin Turner of the National League's Los Angeles Dodgers.[4][5]
American League
Player
Team
Pos.
Elvis Andrus
Rangers Shortstop
Xander Bogaerts
Red Sox Shortstop
Didi Gregorius
Yankees Shortstop
Logan Morrison
Rays First baseman
Mike Moustakas
Royals Third baseman
National League
Player
Team
Pos.
Justin Bour
Marlins First baseman
Kris Bryant
Cubs Third baseman
Anthony Rendon
Nationals Third baseman
Mark Reynolds
Rockies First baseman
Justin Turner
Dodgers Third baseman
Rosters[edit]
American League[edit]
Elected starters
Position
Player
Team
All-Star Games
C
Pérez, SalvadorSalvador Pérez
Royals 5
1B
Smoak, JustinJustin Smoak
Blue Jays 1
2B
Altuve, JoséJosé Altuve
Astros 5
3B
Ramírez, JoséJosé Ramírez
Indians 1
SS
Correa, CarlosCarlos Correa
Astros 1
OF
Trout, MikeMike Trout #
Angels 6
OF
Judge, AaronAaron Judge
Yankees 1
OF
Springer, GeorgeGeorge Springer
Astros 1
DH
Dickerson, CoreyCorey Dickerson
Rays 1
Reserves
Position
Player
Team
All-Star Games
C
Sánchez, GaryGary Sánchez
Yankees 1
1B
Alonso, YonderYonder Alonso
Athletics 1
2B
Canó, RobinsonRobinson Canó [E]
Mariners 8
2B
Castro, StarlinStarlin Castro #
Yankees 4
2B
Schoop, JonathanJonathan Schoop
Orioles 1
3B
Moustakas, MikeMike Moustakas
Royals 2
3B
Sanó, MiguelMiguel Sanó
Twins 1
SS
Lindor, FranciscoFrancisco Lindor
Indians 2
OF
Betts, MookieMookie Betts [A]
Red Sox 2
OF
Brantley, MichaelMichael Brantley
Indians 2
OF
García, AvisailAvisail García
White Sox 1
OF
Upton, JustinJustin Upton [B]
Tigers 4
DH
Cruz, NelsonNelson Cruz
Mariners 5
Pitchers
Player
Team
All-Star Games
Archer, ChrisChris Archer [G]
Rays 2
Betances, DellinDellin Betances
Yankees 4
Darvish, YuYu Darvish #
Rangers 4
Devenski, ChrisChris Devenski [C]
Astros 1
Fulmer, MichaelMichael Fulmer #
Tigers 1
Keuchel, DallasDallas Keuchel #
Astros 2
Kimbrel, CraigCraig Kimbrel
Red Sox 6
Kintzler, BrandonBrandon Kintzler [H]
Twins 1
Kluber, CoreyCorey Kluber #
Indians 2
McCullers Jr., LanceLance McCullers Jr.
Astros 1
Miller, AndrewAndrew Miller
Indians 2
Osuna, RobertoRoberto Osuna [F]
Blue Jays 1
Sale, ChrisChris Sale
Red Sox 6
Santana, ErvinErvin Santana
Twins 2
Severino, LuisLuis Severino
Yankees 1
Vargas, JasonJason Vargas
Royals 1
National League[edit]
Elected starters
Position
Player
Team
All-Star Games
C
Posey, BusterBuster Posey
Giants 5
1B
Zimmerman, RyanRyan Zimmerman
Nationals 2
2B
Murphy, DanielDaniel Murphy
Nationals 3
3B
Arenado, NolanNolan Arenado
Rockies 3
SS
Cozart, ZackZack Cozart
Reds 1
OF
Blackmon, CharlieCharlie Blackmon
Rockies 2
OF
Harper, BryceBryce Harper
Nationals 5
OF
Ozuna, MarcellMarcell Ozuna
Marlins 2
Reserves
Position
Player
Team
All-Star Games
C
Molina, YadierYadier Molina
Cardinals 8
1B
Goldschmidt, PaulPaul Goldschmidt
Diamondbacks 5
1B
Votto, JoeyJoey Votto
Reds 5
2B
Harrison, JoshJosh Harrison
Pirates 2
2B
LeMahieu, DJDJ LeMahieu
Rockies 2
3B
Lamb, JakeJake Lamb
Diamondbacks 1
3B
Turner, JustinJustin Turner
Dodgers 1
SS
Seager, CoreyCorey Seager
Dodgers 2
OF
Bellinger, CodyCody Bellinger
Dodgers 1
OF
Conforto, MichaelMichael Conforto
Mets 1
OF
Inciarte, EnderEnder Inciarte
Braves 1
OF
Stanton, GiancarloGiancarlo Stanton
Marlins 4
Pitchers
Player
Team
All-Star Games
Davis, WadeWade Davis
Cubs 3
Greinke, ZackZack Greinke
Diamondbacks 4
Hand, BradBrad Hand
Padres 1
Holland, GregGreg Holland
Rockies 3
Jansen, KenleyKenley Jansen
Dodgers 2
Kershaw, ClaytonClayton Kershaw #
Dodgers 7
Knebel, CoreyCorey Knebel
Brewers 1
Martínez, CarlosCarlos Martínez
Cardinals 2
Neshek, PatPat Neshek
Phillies 2
Ray, RobbieRobbie Ray
Diamondbacks 1
Scherzer, MaxMax Scherzer
Nationals 5
Strasburg, StephenStephen Strasburg
Nationals 3
Wood, AlexAlex Wood [D]
Dodgers 1
Roster notes[edit]
^ Mookie Betts was named starter in place of Mike Trout due to injury.
^ Justin Upton was named as the roster replacement for Mike Trout due to injury.
^ Chris Devenski was named as the roster replacement for Dallas Keuchel due to injury.
^ Alex Wood was named as the roster replacement for Clayton Kershaw due to Kershaw starting on Sunday.
^ Robinson Canó was named as the roster replacement for Starlin Castro due to injury.
^ Roberto Osuna was named as the roster replacement for Yu Darvish due to Darvish starting on Sunday.
^ Chris Archer was named as the roster replacement for Michael Fulmer due to Fulmer starting on Sunday.
^ Brandon Kintzler was named as the roster replacement for Corey Kluber due to Kluber starting on Sunday.
#: Indicates player would not play (replaced as per reference notes above).
Game summary[edit]
The game was mostly pitching-dominated through the first four innings. After a two-out double by Jonathan Schoop, Miguel Sanó finally got the AL on the board with his fifth inning RBI bloop single. In the bottom of the sixth, Yadier Molina became the oldest catcher to hit a home run in an All-Star game, when he hit one off Ervin Santana in the sixth inning, tying the game at one. Reggie Smith was the last Cardinal to hit an All-Star Game home run in the 1974 game.[6] Robinson Canó hit the game-winning home run in the tenth inning off Wade Davis, and was named the All-Star Game Most Valuable Player. He is the first second baseman since 1998 who was named All-Star Game MVP.[7][8] Andrew Miller struck out Cody Bellinger swinging to end the night and earned his first career All-Star save.[9]
Starting lineup[edit]
American
Order
Player
Team
Position
1
Altuve, JoséJosé Altuve
Astros 2B
2
Ramírez, JoséJosé Ramírez
Indians 3B
3
Judge, AaronAaron Judge
Yankees RF
4
Springer, GeorgeGeorge Springer
Astros LF
5
Correa, CarlosCarlos Correa
Astros SS
6
Smoak, JustinJustin Smoak
Blue Jays 1B
7
Dickerson, CoreyCorey Dickerson
Rays DH
8
Pérez, SalvadorSalvador Pérez
Royals C
9
Betts, MookieMookie Betts
Red Sox CF
Sale, ChrisChris Sale
Red Sox P
National
Order
Player
Team
Position
1
Blackmon, CharlieCharlie Blackmon
Rockies CF
2
Stanton, GiancarloGiancarlo Stanton
Marlins DH
3
Harper, BryceBryce Harper
Nationals RF
4
Posey, BusterBuster Posey
Giants C
5
Murphy, DanielDaniel Murphy
Nationals 2B
6
Arenado, NolanNolan Arenado
Rockies 3B
7
Zimmerman, RyanRyan Zimmerman
Nationals 1B
8
Ozuna, MarcellMarcell Ozuna
Marlins LF
9
Cozart, ZackZack Cozart
Reds SS
Scherzer, MaxMax Scherzer
Nationals P
Line score[edit]
Tuesday, July 11, 2017 8:22 pm (EDT)
Marlins Park in Miami, Florida
Team
1
2
3
4
5
6
7
8
9
10
R
H
E
American League 0 0 0 0 1 0 0 0 0 1 2 10 0
National League 0 0 0 0 0 1 0 0 0 0 1 7 0
Starting pitchers:
AL: Chris Sale
NL: Max Scherzer
WP: Craig Kimbrel (1–0) LP: Wade Davis (0–1) Sv: Andrew Miller (1)
Home runs:
AL: Robinson Canó (1)
NL: Yadier Molina (1)
Umpires: Home Plate – Joe West (crew chief); First Base – Angel Hernandez; Second Base – Mark Carlson; Third Base – Chris Conroy; Left Field – Manny Gonzalez; Right Field – Mike Estabrook; Replay Official – Doug Eddings [10]
Weather: 73 °F (23 °C), roof closed.
First pitch: 8:22pm EDT
Time of Game: 3:16
Attendance: 37,188
Ratings[edit]
The viewership ratings for the game on FOX were up slightly following the previous year's all-time low, with a 5.5 national rating, an 11 share, and an estimated 9.28 million viewers.[11]
See also[edit]
Baseball portal
List of Major League Baseball All-Star Games
Major League Baseball All-Star Game Most Valuable Player Award
All-Star Futures Game
Home Run Derby
Notes[edit]
Jump up ^ Mills, the Indians' bench coach, replaced Terry Francona as the American League's manager after Francona underwent a catheter ablation to correct an irregular heartbeat.[1]
References[edit]
Jump up ^ Withers, Tom (July 7, 2017). "Indians’ Francona has heart procedure, out of All-Star Game". Associated Press. Cleveland: AP News. Associated Press. Retrieved July 8, 2017.
Jump up ^ "All-Star Game Ballot - With rules / instructions". MLB.com. Retrieved May 9, 2016.
Jump up ^ Miller, Doug (July 3, 2017). "Miami, here we come: ASG rosters unveiled". MLB.com. MLB Advanced Media. Retrieved July 3, 2017.
Jump up ^ Newman, Mark (July 7, 2017). "Moose, Turner capture All-Star Final Vote". MLB.com. Miami: MLB Advanced Media. Retrieved July 7, 2017.
Jump up ^ Latimer, Jolene (July 8, 2017). "Turner, Moustakas used teamwork to win All-Star final vote". Associated Press. Los Angeles: AP News. Associated Press. Retrieved July 8, 2017.
Jump up ^ Langosch, Jenifer. "Molina homers in memorable All-Star night". MLB.com. MLB Advanced Media. Retrieved July 13, 2017.
Jump up ^ Frisaro, Joe. "Don't ya know! Cano powers AL in extras". MLB.com. MLB Advanced Media. Retrieved July 11, 2017.
Jump up ^ DeNicola, Christina. "Cano hits decisive home run, named MVP". MLB.com. MLB Advanced Media. Retrieved July 11, 2017.
Jump up ^ "Cano 10th-inning homer gives AL 2-1 All-Star win". ESPN. 11 July 2017. Retrieved 17 July 2017.
Jump up ^ Perez, A.J. (July 6, 2017). "Umpire Angel Hernandez, who's suing MLB for alleged discrimination, to work All-Star Game". USA Today. Gannett Company. Retrieved July 6, 2017.
Jump up ^ "2017 All-Star Game". Baseball-Reference.com. Retrieved July 13, 2017.
External links[edit]
Official website
[show]
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United States free speech exceptions
From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Bill of Rights in the National Archives
Exceptions to free speech in the United States are limitations on the First Amendment's guarantee of free speech and expression as recognized by the United States Supreme Court. These exceptions have been created over time, based on certain types of speech and expression, and under different contexts. While freedom of speech in the United States is a right protected by the constitution, these exceptions make that right a limited one.
Restrictions that are based on people's reactions to words include both instances of a complete exception, and cases of diminished protection. Commercial advertising receives diminished, but not eliminated, protection.
Along with communicative restrictions, less protection is afforded for uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mail, airwaves, legal bar, military, prisons, and immigration.
Contents
[hide]
1 Communicative impact restrictions
1.1 Incitement
1.1.1 Incitement to suicide
2 False statements of fact
3 Obscenity
4 Child pornography
5 Fighting words and offensive speech
6 Speech owned by others
7 Commercial speech
8 Restrictions based on special capacity of Government
8.1 Government as Employer
8.2 Government as Regulator of the Airwaves
8.3 Government as Educator
8.4 Government as Subsidizer/Speaker
8.5 Government as Regulator of the Bar
8.6 Government as Controller of the Military
8.7 Government as Prison Warden
8.8 Government as Regulator of Immigration
9 See also
10 Notes
11 References
12 External links
Communicative impact restrictions[edit]
Incitement[edit]
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action".[1][2] In Brandenburg v. Ohio (1969), the Supreme Court unanimously reversed the conviction of a Ku Klux Klan group for "advocating ... violence ... as a means of accomplishing political reform" because their statements at a rally did not express an immediate, or imminent intent to do violence.[3] This rule amended a previous decision of the Court, in Schenck v. United States (1919), which simply decided that a "clear and present danger" could justify a congressional rule limiting speech. The primary distinction is that the latter test does not criminalize "mere advocacy".[4]
Incitement to suicide[edit]
In 2017, a juvenile court in Massachusetts ruled that repeatedly encouraging someone to commit suicide was excluded from First Amendment protection,[5] and found a 20-year-old woman, who was 17 at the time, guilty of manslaughter on this basis.[6] The judge cited a little-known 1816 precedent.[7] The woman is expected to file an appeal.[6]
False statements of fact[edit]
Main article: False statements of fact
In Gertz v. Robert Welch, Inc. (1974), the Supreme Court decided that there is "no constitutional value in false statements of fact".[8] However, this is not a concrete rule as the Court has struggled with how much of the "speech that matters" can be put at risk in order to punish a falsehood.[9]
The Supreme Court has established a complex framework in determining which types of false statements are unprotected.[10] There are four such areas which the Court has been explicit about. First, false statements of fact that are said with a "sufficiently culpable mental state" can be subject to civil or criminal liability.[11] Secondly, knowingly making a false statement of fact can almost always be punished. For example, libel and slander law are permitted under this category. Third, negligently false statements of fact may lead to civil liability in some instances.[12] Additionally, some implicit statements of fact—those that may just have a "false factual connotation"—still could fall under this exception.[13][14]
There is also a fifth category of analysis. It is possible that some completely false statements could be entirely free from punishment. The Supreme Court held in the landmark case New York Times v. Sullivan (1964) that lies about the government may be protected completely.[15] However, this category is not entirely clear, as the question of whether false historical or medical claims are protected is still disputed.[16]
Obscenity[edit]
Main article: Miller v. California
Under the Miller test (which takes its name from Miller v. California), speech is unprotected if (1) "the average person, applying contemporary community standards, would find that the [subject or work in question], taken as a whole, appeals to the prurient interest" and (2) "depicts or describes, in a patently offensive way, contemporary community standards,[17] sexual conduct defined by the applicable state law" and (3) "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value".[18] Some subsidiary components of this rule may permit private possession of obscene materials at one's home.[19] Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex".[20][21]
The Court has also held that a person may only be punished if he knows the actual "contents of the material".[22] In Smith v. California (1959), the Supreme Court thus gave a defense of "reasonable ignorance" to an obscenity charge. The basis for this exception is that justices have believed that obscenity has a "tendency to exert a corrupting and debasing impact leading to antisocial behavior".[23][24]
Child pornography[edit]
Main article: New York v. Ferber
The exception for child pornography is distinct from the obscenity exception in a few ways. Firstly, the rule is much more specific to what falls under the exception. Secondly, it is irrelevant whether any part of the speech meets the Miller test; if it is classified under the child pornography exception at all, it becomes unprotected.[25] The rule provides that speech is unprotected if it (1) "visually depicts" children below the age of majority (2) "performing sexual acts or lewdly exhibiting their genitals".[26] Unlike the rules for simple obscenity, private possession of child pornography "may be outlawed".[27]
While this exception is very concrete, it is also limited. It does not apply to pornography that people think is harmful when shown to children,[28] or pornography that urges viewers to harm children.[29]
Fighting words and offensive speech[edit]
Main article: Fighting words
A Westboro Baptist Church protest was the subject of an "offensive speech" Supreme Court case in Snyder v. Phelps (2010)
In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words".[30] Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction".[31] Additionally, such speech must be "directed to the person of the hearer" and is "thus likely to be seen as a 'direct personal insult'".[32][33]
One legal commentator has suggested that, along with fighting words, speech might be unprotected if the speaker intentionally, knowingly, or recklessly inflicts severe emotional distress.[34] However, the United States Supreme Court has not implemented such an exception, and even if it does, the exception would probably be limited to private figures. The Court held in Hustler v. Falwell (1988) that satire which could be seen as offensive to a "public figure" is fully protected.[35] Such speech is rooted in a historical protection of political satire.[36] A notable example of a case involving offensive speech was the Court's decision in Texas v. Johnson (1989), which struck down a law criminalizing flag burning in Texas.[37]
Threats of violence that are directed at a person or group of persons that has the intent of placing the target at risk of bodily harm or death are generally unprotected.[38] However, there are several exceptions. For example, the Supreme Court has held that "threats may not be punished if a reasonable person would understand them as obvious hyperbole", he writes.[39][40] Additionally, threats of "social ostracism" and of "politically motivated boycotts" are constitutionally protected.[41] However, sometimes even political speech can be a threat, and thus becomes unprotected.[42]
Speech owned by others[edit]
Main article: Harper & Row v. Nation Enterprises
Another class of permissible restrictions on speech is based on intellectual property rights.[43] Things like copyrights or trademarks fall under this exception. The Supreme Court first held this in Harper & Row v. Nation Enterprises (1985), where copyright law was upheld against a First Amendment free speech challenge.[44] Also, broadcasting rights for shows are not an infringement of free speech rights.[45] The Court has upheld such restrictions as an incentive for artists in the 'speech marketplace'.[46]
Commercial speech[edit]
Main article: Commercial speech
Commercial speech occupies a unique role as a free speech exception. While there is no complete exception, legal advocates recognize it as having "diminished protection".[47] For example, false advertising can be punished and misleading advertising may be prohibited.[48] Commercial advertising may be restricted in ways that other speech can't if a substantial governmental interest is advanced, and that restriction supports that interest as well as not being overly broad.[49] This doctrine of limited protection for advertisements is due to a balancing inherent in the policy explanations for the rule, namely that other types of speech (for example, political) are much more important.[50]
Restrictions based on special capacity of Government[edit]
Government as Employer[edit]
The government is not permitted to fire an employee based on the employee's speech if either the speech is on a matter of public concern, the speech is not said as part of that employee's job duties,[51] or the damage caused by the speech is outweighed by the value of the speech to the employee and public.[52][53] Specifically, speech is "treated as a matter of public concern" by reference to the "content, form, and context of a given statement".[54] The exception with regards to balancing the harm of a statement and the value of the statement (the Pickering test) is done by considering the degree to which the speech either interferes with close working relationships, disrupts the office, or even has the potential to do either.[55]
Government as Regulator of the Airwaves[edit]
Regulations of speech on broadcast radio and television are permissible when they are (1) narrowly tailored and (2) further a substantial government interest.[56] Interests that have been found "substantial" include shielding listeners from supposedly offensive ideas and shielding children from offensive expression. The Supreme Court has limited these rules to traditional broadcasting, refusing an attempt to apply this to the internet.[57]
Government as Educator[edit]
Further information: Freedom of speech in the United States § Student speech
When the Government acts as a kindergarten through twelfth grade educator, they are allowed to restrict speech in certain instances. The Supreme Court ruled in Tinker v. Des Moines School Dist. (1969) that only when speech "materially and substantially interferes with the requirements of appropriate discipline in the operation of the school".[58] Later court decisions added more situations where restrictions were possible, including student speech about drugs,[59] "vulgar and offensive" language,[60] and school-operated newspapers.[61] The primary basis for the educator-distinction is based on the concept of in loco parentis, the principle that the school functions as parents over the students, thus allowing broader discretion in limiting student speech and expression.[62]
Government as Subsidizer/Speaker[edit]
The most complex special capacity of the government is when it functions, in one way or another, as the Subsidizer of the speech in question.[63] As a general rule, the government can itself say whatever it wants to, even if this "favors one viewpoint over another".[64] But, the government may not impose conditions on how subsidy recipients spend money they get from other sources.[65] If the government is using the speakers to express its own message, it is constitutional.[66] But this analysis changes if the government is trying to encourage a "diversity of private views indiscriminately". If it is indiscriminate, then under Legal Services Corp. v. Velazquez (2001), the government must be acting in a viewpoint-neutral way. However, if the government is basing some judgment of "quality" on the views, then only "invidious viewpoint discrimination" is barred.[67]
Government as Regulator of the Bar[edit]
The basic principle behind government's regulation of the bar has greater power to regulate the speech of lawyers.[68] A balancing test is employed when the Court considers attorney speech. This test weighs the "interest against the State's legitimate interest in regulating the activity in question [with] the interests of the attorney".[69] Thus, while commercial advertising by lawyers is generally protected, rules of professional conduct and ethical guidelines are still permitted.[70]
Government as Controller of the Military[edit]
With respect to the United States Military, the federal government has extremely broad power to restrict the speech of military officers, even if such a restriction would be invalid with a civilian. The Supreme Court affirmed this principle in Parker v. Levy (1974) when the Court held the military was essentially a "specialized society from civilian society", which necessitated stricter guidelines.[71] Since Parker, there have been few cases to issue more specific limits on the government's control of military expression.
Government as Prison Warden[edit]
When the government acts as controller of prisons, it has broad abilities to limit the free speech of inmates. Essentially any restriction that is "reasonably related to legitimate penological interests" is valid.[72] This broad power also extends to pretrial detainees and even convicts who are on probation or parole.[73] The only limit recognized by the Court is that the prison must provide an "alternate means of exercising that right" of speech, an alternate channel, that still allows legitimate speech to be expressed.
Government as Regulator of Immigration[edit]
The government may not criminally punish immigrants based on speech that would be protected if said by a citizen.[74] On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen.[75] Speech rules as to deportation, on the other hand, are unclear.[76] Lower courts are divided on the question, while the leading cases on the subject are from the Red Scare.
See also[edit]
Freedom of the press in the United States § Notable exceptions
Gag orders in the United States
Prior restraint
Virginia v. Black
List of landmark Free Speech cases
Notes[edit]
Jump up ^ Brandenburg v. Ohio, 395 U.S. 444 (1969).
Jump up ^ Volokh 2008, p. 3
Jump up ^ Volokh 2008, p. 5
Jump up ^ Volokh 2008, p. 7
Jump up ^ "Woman on trial for texts 'driving boyfriend to suicide'". BBC. 7 June 2017. Retrieved 18 June 2017.
^ Jump up to: a b Seelye, Katharine; Bidgood, Jess (16 June 2017). "Guilty Verdict for Young Woman Who Urged Friend to Kill Himself". New York Times. Retrieved 17 June 2017.
Jump up ^ McGovern, Bob (16 June 2017). "Michelle Carter found guilty in landmark texting suicide case". Boston Herald. Retrieved 18 June 2017.
Jump up ^ Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).
Jump up ^ Volokh 2008, p. 55
Jump up ^ Volokh 2008, pp. 55–56
Jump up ^ Volokh 2008, p. 56
Jump up ^ Dun & Bradstreet v. Greenmoss Builders, 472 U.S. 749 (1985).
Jump up ^ Volokh 2008, p. 57
Jump up ^ Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).
Jump up ^ Volokh 2008, p. 61
Jump up ^ Volokh 2008, p. 188
Jump up ^ Smith v. United States, 431 U.S. 291 (1977).
Jump up ^ Volokh 2008, p. 112
Jump up ^ Stanley v. Georgia, 394 U.S. 557 (1969).
Jump up ^ Volokh 2008, p. 113
Jump up ^ Brockett v. Spokane Arcades, Inc., 472 U.S. 491 (1985).
Jump up ^ Smith v. California, 361 U.S. 147 (1959).
Jump up ^ Volokh 2008, p. 114
Jump up ^ Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973).
Jump up ^ Cohen 2009, p. 2
Jump up ^ New York v. Ferber, 458 U.S. 747 (1982).
Jump up ^ Osborne v. Ohio, 495 U.S. 103 (1990).
Jump up ^ Cohen 2009, p. 13
Jump up ^ Volokh 2008, pp. 128–129
Jump up ^ Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).
Jump up ^ Cohen v. California, 403 U.S. 15 (1971).
Jump up ^ Volokh 2008, p. 143
Jump up ^ Camp 2005, p. 7
Jump up ^ Volokh 2008, p. 144
Jump up ^ Hustler v. Falwell, 485 U.S. 46 (1988).
Jump up ^ Cohen 2009, p. 12
Jump up ^ Texas v. Johnson, 491 U.S. 397 (1989).
Jump up ^ Virginia v. Black, 538 U.S. 343 (2003).
Jump up ^ Watts v. United States, 394 U.S. 705 (1969).
Jump up ^ Volokh 2008, p. 166
Jump up ^ NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982).
Jump up ^ Volokh 2008, p. 167
Jump up ^ Volokh 2008, p. 179
Jump up ^ Harper & Row v. Nation Enterprises, 471 U.S. 549 (1985).
Jump up ^ Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977).
Jump up ^ Volokh 2008, p. 180
Jump up ^ Cohen 2009, p. 6
Jump up ^ Peel v. Attorney Reg. & Discip. Comm'n, 496 U.S. 91 (1990).
Jump up ^ Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980).
Jump up ^ Cohen 2009, p. 7
Jump up ^ Garcetti v. Ceballos, 547 U.S. 410 (2006)
Jump up ^ Connick v. Myers, 461 U.S. 138 (1983)
Jump up ^ Volokh 2008, p. 361
Jump up ^ Volokh 2008, pp. 361–362
Jump up ^ Pickering v. Board of Education, 391 U.S. 563 (1968).
Jump up ^ Volokh 2008, p. 460
Jump up ^ Reno v. ACLU, 521 U.S. 844 (1997).
Jump up ^ Tinker v. Des Moines School Dist., 393 U.S. 503 (1969).
Jump up ^ Morse v. Frederick, 127 S. Ct. 2618 (2007).
Jump up ^ Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1968).
Jump up ^ Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
Jump up ^ Camp 2005, p. 4
Jump up ^ Johnson 2001, p. 353
Jump up ^ Volokh 2008, p. 410
Jump up ^ Johnson 2001, p. 354
Jump up ^ Rust v. Sullivan, 500 U.S. 173 (1991).
Jump up ^ Volokh 2008, p. 412
Jump up ^ Volokh 2008, p. 476
Jump up ^ Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991).
Jump up ^ United States District Court v. Sandlin 12 F.3d 861, 867 (9th Cir. 1993)
Jump up ^ Parker v. Levy, 417 U.S. 733 (1974).
Jump up ^ Thornburgh v. Abbott, 490 U.S. 401 (1989).
Jump up ^ Volokh 2008, p. 490
Jump up ^ Bridges v. Wixon, 326 U.S. 135, 148 (1945).
Jump up ^ Kleindienst v. Mandel, 408 U.S. 753 (1972).
Jump up ^ Volokh 2008, p. 498
References[edit]
Camp, Julie Van (2005). "First Amendment". Professor of Philosophy. California State University, Long Beach. Retrieved 1 January 2012.
Cohen, Henry (16 October 2009). "Freedom of Speech and Press: Exceptions to the First Amendment" (PDF). Legislative Attorney. Congressional Research Service. Retrieved 1 January 2012.
Johnson, Jay (2001). "Note: The Interaction Between Statutory and Constitutional Arguments in Legal Services Corp. v. Velazquez". Journal of Law and Politics. 17 (1): 353–372.
Volokh, Eugene (2008). First Amendment and Related Statutes: Problems, Cases and Policy Arguments (3rd ed.). Foundation Press (published 12 May 2008). ISBN 978-1-59941-338-9.
External links[edit]
List of notable Free Speech cases before United States Supreme Court
Annotated First Amendment from FindLaw
Retrieved from "https://en.wikipedia.org/w/index.php?title=United_States_free_speech_exceptions&oldid=835531022"
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