Premium Essay

Schenck V. US Case Study

Submitted By
Words 592
Pages 3
In The Case of Schenck v. U.S.

Is it right for the government to limit the first amendment under certain circumstances? In the case of Schenck vs. United States, I believe the government made the right decision. When America first entered WWI in 1917, Congress passed the Espionage Act, which stated that trying to interfere with the military draft or attempting to dissuade soldiers from fighting during wartime was now illegal. Schenck knowingly broke the law and in doing so could have caused turmoil to brew within a nation. Seeing as, the Supreme Court’s decision had no lasting consequences that hurt the country, and assisted in keeping the nation in relative order during the time, Schenck’s conviction was completely justified.
Charles T. Schenck was the general secretary for the U.S. Socialist Party, which opposed the implementation of the military draft in the country. The party printed and distributed more than 15,000 pamphlets that called for men who were drafted to resist military service. The government at the time accused the pamphlets of trying to obstruct military recruitment and weaken the loyalty of soldiers. Schenck was soon after arrested for having violated the Espionage Act; he was convicted on three counts and sentenced to 10 years …show more content…
associate justice of the United States Supreme Court. Holmes was one of the more avid Supreme Court Justices, who fought against Schenck . Holmes believed that the making of laws is the responsibility of legislative bodies, not of courts, and that within constitutional parameters the people have a right to whatever laws they choose to make, good or bad, through their elected representatives. He spoke of the concept “clear and present danger” as the basis for lessening the right of freedom of speech illustrating it with the example: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a

Similar Documents

Premium Essay

Ap U.S History

... A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause ...

Words: 5543 - Pages: 23

Premium Essay

Pols Final Exam Review

...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...

Words: 37488 - Pages: 150

Premium Essay

Test 5 Chapter Study Questions

...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...

Words: 10537 - Pages: 43

Premium Essay

Can Wikileaks Be Found Guilty of a Crime for Its Release of the Iraq War Materials?

...Can WikiLeaks be Found Guilty of a Crime for Its Release Of the Iraq War Materials, Afghanistan War Materials and Diplomatic Cables? In 2010, WikiLeaks released three large groups of information – classified documents concerning the Iraqi war, classified Pentagon documents concerning the conflict in Afghanistan, and U.S. State Department diplomatic cables. There was an outcry from members in the U.S. government, U.S. lawmakers, and U.S. citizens as they questioned how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks...

Words: 5807 - Pages: 24

Premium Essay

College

...BRADSHAW-CAMBALL AND VICTOR V. MURRAY York University, 4700 Keele Street, North York, Ontario, Canada Despite recent and growing interest in organizational politics, conceptual thought in this area tends to be dominated by a single theoretical perspective. In this paper we describe and contrast three views of organizational politics (functionalist, interpretive and radical) according to their differing structures, processes and outcomes. Each view, or lens, directs attention to some aspects of politics and away from others, and each has strengths and weaknesses embedded in it. In order to assess whether multiple perspectives on politics can be fruitfully applied simultaneously, we describe and analyze a case of a hospital administration engaged in budgeting games and illusion making. The data for the case were collected using naturalistic inquiry and multiple methods including structured and unstructured interviews, review of documents, observation of meetings and casual interaction facilitated by frequent visits over a ten-month period. The case revolves around the hospital administrators' attempts to deal with what they termed a "disastrous deficit" and the most serious financial situation in the hospital's history. Strategies for dealing with the funding agency and board of directors included the management of meaning and communications about the term "deficit." The three perspectives on organizational politics highlight different dynamics in the case. The interpretive...

Words: 12371 - Pages: 50

Free Essay

Pressure Ulcers

...Sciences, University of York, York, England, UK Jane Nixon PhD RN Deputy Head Clinical Trials Research Unit, University of Leeds, Leeds, England, UK Su Mason PhD RN Principal Research Fellow Clinical Trials Research Unit, University of Leeds, Leeds, England, UK Correspondence to Karen Spilsbury: e-mail: ks25@york.ac.uk 6 5 4 3 2 1 SPILSBURY K., NELSON A., CULLUM N., IGLESIAS C., NIXON J. & MASON S. ( 2 0 0 7 ) Pressure ulcers and their treatment and effects on quality of life: hospital inpatient perspectives. Journal of Advanced Nursing 57(5), 494–504 doi: 10.1111/j.1365-2648.2006.04140.x Abstract Title. Pressure ulcers and their treatment and effects on quality of life: hospital inpatient perspectives Aim. This paper reports a study exploring patients’ perceptions and experiences of the impact of a pressure ulcer and its treatment on their health and quality of life. Background. Pressure ulcers are a significant health problem, and their prevention and management in primary and secondary care is high on the clinical and policy agenda. However, patients’ perspectives and experiences of the impact of pressure ulcers on health and quality of life is not understood. Method. Qualitative semi-structured interviews were carried out from 2002 to 2004...

Words: 7779 - Pages: 32

Premium Essay

Lubca

...Chapter Overview 5.1 Overview: Consciousness, Brain Activity, Levels of Awareness CONCEPT LEARNING CHECK 5.2 Stages of Sleep CONCEPT LEARNING CHECK 5.1 Consciousness and Psychology 5.3 Dreams Theories of Dreams Dreams as a Reflection of Unconscious Wishes 5.2 Sleep Biological Rhythms and Stages of Sleep Sleep Theories Effects of Sleep Deprivation Sleep Disorders Insomnia Sleep Apnea Narcolepsy Parasomnias CRITICAL THINKING APPLICATION Dreams as Interpreted Brain Activity Dream Contents CONCEPT LEARNING CHECK 5.3 Theories of Dreams 5 Learning Objectives States of Consciousness 5.1 5.2 Define consciousness. Describe how consciousness relates to psychology. Describe the changes in brain wave activity that occur during the different stages of sleep. Understand why sleep deprivation is harmful. Understand why deep sleep is important. Understand why REM sleep is important. Describe some common sleep disorders. 5.3 5.4 5.5 5.6 Describe the two main theories of dreams. Explain the two theories of hypnosis. Discuss the effects and benefits of meditation. List and describe the four categories of psychoactive drugs. Describe the effects of psychoactive drugs on the nervous system. 5.4 Hypnosis Critical Thinking About Hypnosis Theories of Hypnosis Altered State of Consciousness Role Playing Divided Consciousness 5.6 Drug Use Mechanism of Action of Psychoactive Drugs Depressants Alcohol Narcotics/Opiates Summary of...

Words: 17277 - Pages: 70

Premium Essay

The Boy Who Painted Xhrist Black

...predisposed to such a lifestyle and cannot help but pursue same sex relationships. On the other side there are those who argue it is an issue of will, and one of choice. I believe the current research is inconclusive on both sides. The data is up to date and the results are a testimony to how much ignorance there is about this controversy. As we attempt to understand those whose sexual point of reference we question we must remember that all human beings are the Creator’s offspring and should be treated as such no matter how we feel about their sexual orientation. We must employ respect and reason as we journey down the road to understanding this intriguing subject. People may be different in their sexual expression and it may concern us to no end. The truth of the matter is if their behavior is in our estimation deviant, no matter how wrong we think it is we have a responsibility to treat them in a way that is respectable and proper. People are at liberty to express themselves sexually as they deem it fitting for them. This paper is designed to deliver a biological and scientific perspective about the gay gene and not to express my personal feelings about the moral views of the gay-lesbian lifestyle.   Is There a Gay Gene? One of the most argued perspectives in the area of substance abuse is the notion that people who abuse drugs are predisposed to addictions. This dispute has reasonable merit on both sides. Some of the leading professors and scientists in the...

Words: 10197 - Pages: 41

Free Essay

Code

...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...

Words: 190498 - Pages: 762

Free Essay

Ihrm

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58370 - Pages: 234

Premium Essay

Habit

...resulting resemblance to persons living or dead is entirely coincidental and unintentional. Copyright © 2012 by Charles Duhigg All rights reserved. Published in the United States by Random House, an imprint of The Random House Publishing Group, a division of Random House, Inc., New York. RANDOM HOUSE and colophon are registered trademarks of Random House, Inc. ISBN 978-1-4000-6928-6 eBook ISBN 978-0-679-60385-6 Printed in the United States of America on acid-free paper Illustrations by Anton Ioukhnovets www.atrandom.com 2 4 6 8 9 7 5 3 1 First Edition Book design by Liz Cosgrove Duhi_9781400069286_2p_all_r1.j.indd iv 10/17/11 12:01 PM To Oliver, John Harry, John and Doris, and, everlastingly, to Liz Duhi_9781400069286_2p_all_r1.j.indd v 10/17/11 12:01 PM Duhi_9781400069286_2p_all_r1.j.indd vi 10/17/11 12:01 PM CONTENTS PROLOGUE The Habit Cure GGG xi PA R T O N E The Habits of Individuals 1. THE HABIT LOOP How Habits Work 3 31 60 2. THE CRAVING BRAIN How to Create New Habits 3. THE GOLDEN RULE OF HABIT CHANGE Why Transformation Occurs GGG PA R T T W O The Habits of Successful Organizations 4. KEYSTONE HABITS, OR THE BALLAD OF PAUL O’NEILL Which Habits Matter Most 97 Duhi_9781400069286_2p_all_r1.j.indd vii 10/17/11 12:01 PM viii G Contents 5. STARBUCKS AND THE HABIT OF SUCCESS When Willpower...

Words: 124310 - Pages: 498

Free Essay

Spanning Globe

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58047 - Pages: 233

Premium Essay

Fitbit Ultra

...BUSI 520 Group Marketing Analysis Project INDEX Introduction 1. Fitbit, Inc Background 2. Market Analysis 3. Positioning, Competition and Branding 4. Services and Pricing 5. Promotions and Marketing Conclusions Introduction This project will cover research done on the Fitbit Ultra, a fitness aid device design to help ambulatory people track their wellness and fitness. The report will open with a brief background and history of Fitbit, Inc and introduce the device features. The second section will cover a Market Analysis of the Fitbit Ultra. Research done on the demographic trends and economic trends that currently impact marketability of the Fitbit Ultra will be discussed. Additionally, consumer’s tastes and preferences, along with cultural factors that influence consumer purchasing of the device will also be covered in this report. Aspects of product positioning, to include social factors, personal factors, psychological factors, and other behavior that would influence a consumer to purchase the Fitbit Ultra will help identify more specific marketing strategies. The next section is devoted to research of the competition. This will include a SWOT analysis and a synopsis of the most competitive brands vying for market share with Fitbit Ultra. Analyzing the target markets and their potential for best customer impact is explored as well. The report will explore branding and services regarding the Fitbit Ultra and the website Fitbit.com...

Words: 22064 - Pages: 89

Free Essay

Bloodlines of the Illuminati

...Bloodlines of Illuminati by: Fritz Springmeier, 1995 Introduction: I am pleased & honored to present this book to those in the world who love the truth. This is a book for lovers of the Truth. This is a book for those who are already familiar with my past writings. An Illuminati Grand Master once said that the world is a stage and we are all actors. Of course this was not an original thought, but it certainly is a way of describing the Illuminati view of how the world works. The people of the world are an audience to which the Illuminati entertain with propaganda. Just one of the thousands of recent examples of this type of acting done for the public was President Bill Clinton’s 1995 State of the Union address. The speech was designed to push all of the warm fuzzy buttons of his listening audience that he could. All the green lights for acceptance were systematically pushed by the President’s speech with the help of a controlled congressional audience. The truth on the other hand doesn’t always tickle the ear and warm the ego of its listeners. The light of truth in this book will be too bright for some people who will want to return to the safe comfort of their darkness. I am not a conspiracy theorist. I deal with real facts, not theory. Some of the people I write about, I have met. Some of the people I expose are alive and very dangerous. The darkness has never liked the light. Yet, many of the secrets of the Illuminati are locked up tightly simply because secrecy is a way...

Words: 206477 - Pages: 826