Case Brief 4 - Joseph M Mollica Schenck v United States Case#3 Supreme Court of the United States 1919 Facts Schenck mailed draftees suggesting that the

Case Brief 4 - Joseph M Mollica Schenck v United States...

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Joseph M. MollicaSchenck v. United StatesCase #3Supreme Court of the United States 1919Facts: Schenck mailed draftees suggesting that the war was wrong and ‘motivated by the capitalist system.’ Although the mailings suggested peaceful action onlyIssue: Were Schenck’s actions protected by the First Amendment? Is the Espionage Act Consititutional?Ruling: The Espionage Act is constitutional especially so in time of war. Schencks actions were not protected by the First Amendment because no speech can put others in danger.Joseph M. MollicaDennis v. United StatesCase #8Supreme Court of the United States 1951Facts: Dennis, leader of the Communist Party, was convicted under the Smith Act because the Communist Party he lead taught communist ideology which suggested a forceful overthrow of the government. Issue: Does the Smith Act violate the first and fourteenth amendment. The Smith act does not allow the teaching of “forcible” overthrow of the government?
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