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Free Speech Cases/Amendments

Free Speech Cases/Amendments - Term Definition First...

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Term: First Amendment Definition: Freedom of religion, speech, assembly, petition Term: Fourth Amendment Definition: Prohibits unlawful search and seizure of personal property. Term: Fifth Amendment Definition: Right to not incriminate yourself. "You have the right to remain silent.." No person required to testify against himself/herself in case and no person to be tried again for which they have already been tried. Compensation for takings Term: Sixth Amendment Definition: Right to speedy trial by jury in criminal cases. Confrontation of witnesses
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Term: Eighth Amendment Definition: No cruel and unusual punishment. Guarantees reasonable bail, fines, and punishment. Term: Schenck v. US (1919): Background Definition: Charles Schenck got 6 months in prison for making flyers that were against WWI draft. Charged with espionage, in violation of the Espionage Act of 1917 which prohibited insubordinance or interference with military. Term: Schenck v. US (1919): Supreme Court Decision Definition: Supreme Court upheld the Espionage Act of 1917 and concluded that a defendant did not have a first amendment right to express freedom of speech against the draft during WWI. Held that Schenck's criminal conviction of Espionage was constitutional. Circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime. ruling has been overturn but significant for creating balancing tests used in reviewing freedom of speech challenges.
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Term: Schenck v. US (1919): Tests resulting from Definition:
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