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PLS 460 Schenck v United States

PLS 460 Schenck v United States - This came to be known as...

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Schenck v. United States Supreme Court of the United States, 1919 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470 Schenck was accused of violating the Espionage Act of 1917 and Sedition Act of 1918 by conspiring to cause insubordination in the army and navy and obstructing recruitment and enlistment in to the military of the United States. Schenck mailed circulars trying to convince people to not enlist and to leave the military if already enlisted. The legal question is does the Espionage and Sedition Acts violate Schenck’s freedom of speech rights. The court ruled that Schenck’s freedom of speech rights were not violated. According to Justice Holmes the rights of citizens can be restricted in times of war if they hinder the war efforts of the nation.
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Unformatted text preview: This came to be known as the ‘clear and present danger’ test. Notes: Holmes says there is a clear and present danger in interfering with the draft. It has to be a kind of danger that the government can prevent. This interpretation set legal doctrine that can be taken from case to case. Holmes does not give much definition. Uses example of yelling fire in a crowded theater but not much else. Usually, get more definition. Speech when there is not time for correction presents a clear and present danger. Holmes wanted it to be applied during war time. It is dangerous because the government declares war and might declare war to stop free speech. Later has been over ruled....
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  • Spring '10
  • Lermack
  • Supreme Court of the United States, First Amendment to the United States Constitution, present danger, Schenck

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