CL.11 - Schenck v U.S Charles Schenck was the Secretary of...

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Schenck v. U.S. Charles Schenck was the Secretary of the Socialist party and was responsible for printing, distributing, and mailing 15,000 leaflets to men eligible for the draft that advocated opposition to the draft, suggested to resist draft Ultimately, the case served as the founding of the "clear and present danger" rule Broke Espionage Act Conspiracy handing out the leaflet, for mailing it and transmission, and unlawful use of the mail He argues 1 st Amendment rights are being surpressed Holmes 1. Circumstances of the speech- War, limited rights, enforces strong government 2. Clear and present danger of it 3. Intent- Text, directs action to break law The First Amendment did not protect speech encouraging insubordination, since, "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 "The question in every case is whether 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." "the most stringent protection of free speech would not protect a man in falsely shouting
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This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

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CL.11 - Schenck v U.S Charles Schenck was the Secretary of...

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