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Schenck v. United States
Transcript of Schenck v. United States
- "when a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." - Justice Oliver Wendell Holmes Supreme Court Decision: Highlight: "Clear and Present Danger" Appeal: Restricting Schenck from distributing paraphernalia and objecting the draft violated his First Amendment Right to freedom of speech. Schenck v. United States Supreme Court Schenck First Amendment of the United States Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. "... or abridging the freedom of speech..." Essential Question When should government limit freedom of speech? Position of Charles Schenck: - Conscription was equivalent to involuntary servitude
- Citizens had the obligation to defend their rights.
- Violation of the Thirteenth amendment Background: Espionage Act of 1917:
Prohibits attempts to interfere with military operations, promote military insubordination, interfere military recruitment, or assist enemies of the U.S. Thirteenth Amendment: Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. "Bad Tendency" The speech has the SOLE tendency to incite violence of illegal actions. "Clear and Present Danger" "the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
-Justice Holmes "Imminent Lawless action" The speaker intends to incite a violation of the law that is both imminent and likely. Brandenburg v. Ohio (1969) Patterson v. Colorado (1907)