HISTORY
Supreme Court Analysis.docx

This was taken to court in the case of schenck vs

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Amendment. This was taken to court in the case of Schenck vs. United States. Among the judges of the Supreme Court during this time were Oliver Wendell Holmes, Joseph McKenna, and James Clark McReynolds. All nine of these judges were white males. Eventually, Charles T. Schenck was charged with ten years in federal prison for this misdemeanor. SCHENCK VS. UNITED STATES Opinions of the Court: The Supreme Court made a unanimous decision that the free speech clause of the First Amendment has its limitations if the speech poses as a “clear and present danger.” There was no
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Supreme Court Analysis 4 dissenting opinion or minority opinion; the ruling was nine to zero. With the Espionage Act, and with the rulings in Schenck vs. United States, Congress enacted its wartime powers under Article 1, Section 8 of the Constitution. As the dealings of the Espionage Act and thus the ruling of Schenck vs. United States are not specifically addressed in the Constitution, the Supreme Court used judicial activism in relation to this case. The Court supplied an implied power, the right to restrict free speech during wartime, to set a precedent for the limits on free speech in general. Supreme Court Justice Oliver Wendell Holmes delivered this opinion and made the famous reference to “shouting ‘fire!’ in a crowded theater.” He argued that in the preceding example, the First Amendment would not protect the man who yelled “fire!” without reason because his exercise of his freedoms of speech threatened public safety. In other words, Charles Schenck’s pamphlets posed as a “clear and present danger,” a term that would endure for some time after Schenck vs. United States. Although there was no dissenting opinion, Justice Holmes did concede that during peacetime, Charles Schenck’s actions would have been counted as simply an expression of opinion. In the tumultuous times of World War I however, his freedom of speech
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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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