Study Guide

Study Guide - I. Seditious Libel cases a. Schenck Vs. U.S...

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I. Seditious Libel cases a. Schenck Vs. U.S – 1919 i. What he did 1. Charles Schenck general secretary of the Phili Socialist Party. 2. Distributed 15000 pamphlets during WWI that were critical of the draft laws 3. Sent out via mail to young men who just received their draft notices. 4. Asked young men to join socialist party 5. Asked to repeal draft laws 6. 13 th amendment abolishes slavery, yet draft laws are a new kind of slavery according to pansy socialist. ii. Prosecuted for what? 1. Indicted him due to breaking the Espionage Act of 1917 2. The Facts of his pamphlets iii. What did the Supreme Court do? 1. Upheld his conviction and the Espionage Act was constitutional 2. Holmes wrote – He enunciated the classic “clear and present danger” theory. 3. This case made the clear and present danger theory b. Abrams Vs. U.S. 1919 i. What he did 1. Member of American socialist party – distributed pamphlets highly critical of president Wilson’s military decision of sending troops into Russia
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This note was uploaded on 10/16/2008 for the course JMC 402 taught by Professor Russell during the Spring '08 term at ASU.

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Study Guide - I. Seditious Libel cases a. Schenck Vs. U.S...

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