In the tumultuous times of world war i however his

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expression of opinion. In the tumultuous times of World War I however, his freedom of speech hindered the drafting process and was thus a threat to the American people’s public safety. Thus, the Supreme Court ruled that the First Amendment was not absolute and upheld this judicial precedent in cases to come.
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Supreme Court Analysis 5 SCHENCK VS. UNITED STATES Analysis: Schenck vs. United States set a judicial precedent for the powers of the federal government. In a time when communism was on the rise and the people were becoming increasingly suspicious of the federal government, it surprises me that there was not more dissent or at least one Supreme Court judge who argued against the majority opinion. Individual liberties have always been a priority of the United States, but this ruling set a clear limit on the extent of the First Amendment. Furthermore, Schenck was peacefully protesting when he was arrested, another cause for public unrest as the right to “peaceful protest” is also explicitly mentioned in the First Amendment. All of these concerns point towards the lasting conflict between the rights
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Supreme Court Analysis 6 of individual citizens and the threat to public safety, however, despite these concerns, I stand with the Supreme Court’s ruling on Schenck vs United States. People should not be allowed to advertise or endorse an idea that is a “clear and present danger” to society. Especially in this political climate, I am glad that this judicial precedent exists, otherwise, the First Amendment would become horribly misused. This precedent also leads one to the question, “what comes next?” Will the government continue to shave off the rights supplied by the First Amendment?
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  • Fall '16
  • Raymond
  • The American, Supreme Court of the United States, First Amendment to the United States Constitution, Charles T. Schenck

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