In 1966, two famous Russian literary dissidents, Yuli Daniel and Andrei Sinyavsky, were tried and convicted on charges of disseminating propaganda against the Soviet state. The two were authors and humorists who published satire abroad that mocked Soviet leaders for failure to comply with the Soviet Constitution of 1936, which guaranteed the freedom of speech.
Their convictions sparked international outrage. Former U.S. Supreme Court Justice, and then America’s U.N. ambassador, Arthur Goldberg called the charges and the trial “an outrageous attempt to give the form of legality to the suppression of a basic human right.” When a secret transcript of the trial was circulated in the West, it became clear that Daniel and Sinyavsky were convicted of using words and expressing ideas contrary to what Soviet leaders wanted. They were sentenced to five and seven years, respectively, of hard labor in Soviet prison camps.
Last week, the U.S. Department of Political Justice took a page from the Soviets and charged Americans and Russians with disseminating anti-Biden administration propaganda in Russia and here in the U.S. What ever happened to the freedom of speech?
Here is the backstory.
The Framers who crafted the Constitution and the Bill of Rights, both under the leadership and the pen of James Madison, were the same generation that revolted violently against King George III and Parliament and won the American Revolution. The revolution was more than just six years of war in the colonies. It was a radical change in the minds of men – elites like Thomas Jefferson and Madison, as well as farmers and laborers generally untutored in political philosophy.
Untutored they may have been, but they knew they wanted to be able to speak their minds, associate and worship as they pleased, defend themselves, and be left alone by the government. The key to all this was the freedom of speech. Speech was then, as it is today, the most essential freedom. The late Harvard Professor Bernard Bailyn read and analyzed all the extant speeches, sermons, lectures, editorials and pamphlets that he could find from the revolutionary period and concluded that in 1776 only about one-third of the colonists favored a violent separation from England. By the war’s end in 1781, around two-thirds welcomed independence.