...WASHINGTON, Mar. 3. – Charles Schenck, the general secretary of the Socialist Party of America believed that the war draft was a form of involuntary servitude, or slavery. He sent in 15,000 pamphlets, encouraging them to oppose the war. The government then accuses Schenck for violating the Sedition Act by intending to obstruct the war drafts and weaken the soldiers’ loyalty. Schenck was then arrested and charged in Philadelphia, PA, for violating the Sedition Act for: “attempting to cause insubordination in the military and naval forces of the United States” and was convicted. A few days later after he was convicted, he appealed his case to the Supreme Court. The Supreme Court agreed to hear his case and his case was tried on January 9th, 1919. During the trial, many questions were brought up. One of which was whether or not the first amendment could be limited during wartime and whether or not if the Sedition Act was constitutional. “I don’t believe that freedoms should be limited at all during wartime.” said Schenck’s lawyers. “There would be no point in the constitution if freedoms are limited.” What follows is an excerpt of an interview with Schenck’s lawyers during a brief intermission. Q. As addressed during the trial, Do you believe your client has endangered the American people by promoting the burning of draft cards? A. No Schenck has not directly told the recipient to burn their draft cards, it is only inferred that he has. Q. Even so, would it not cause insubordination...
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...The decided date of this case was March 3rd, 1919. The parties involved was Schenck and the US government in which Schenck believed that people should not accept the draft. The US Government stated that he was possibly violating the Espionage act. The conflict was whether or not Schenck was allowed to do this under the First Amendment. The United States won in which the court concluded that what Schenck was doing was illegal under the Espionage Act. There were no dissenting opinions, the ruling was unanimous. I believe that there should be a limit to the freedom of speech as people should not be allowed to run around and yell anything that could cause harm or yell anything that can advocate committing a crime. This court case specifically...
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...This article by Mannix, Locy, Clark, Smith, Perry, McCoy…Kaplan (2000) titled The Web’s Dark Side discusses the not-so-popular side of surfing the internet, referred to as cyberspace–a rather outdated nickname–and plays out a week online with examples various crimes and misdemeanors, swindles, thefts, perils and problems of the internet. The types of crimes and wrongdoings is vast, and many various types of crimes are detailed with accounts of individuals, what crimes were committed, how it came about, and sometimes the outcome. The material demonstrates how fast the world of the Internet has developed: written thirteen years ago, it already hints of a day long ago, and therefore is enjoyable reading for the comparison of matters today. At the time it was breakthrough technology. If re-written, it could apply to today as well. It is pointed out how the internet has revolutionized our lives and society, and then the article points out how vast this new arena is, lending itself to all sorts of “bad stuff out there.” It is the rate at which crimes are reported that has really caused the focus of the article to occur. A slew of statistics are given, which, if compared to today, would probably seem like child’s play, but the point is that rate of increase is comparatively alarming. U.S. News and World Report, whom the team of authors is employed for, sent a team of reporters out for one particular week to discover a host of crimes in the online world, and the rest of the article...
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...Charles Schenck's arrest violated his unalienable rights given to him by the U.S. Constitution. The charges confronting Charles Schenck of his supposed violations of Espionage and Sedition Acts should not be validated. Charles Schenck was the General Secretary of the Socialists party of America who had distributed 15,000 leaflets opposing the United States mandatory drafting process, arguing that it was immoral. The government argued that it was a clear violation of the Espionage and Sedition Acts of June 15, 1917. However, the Espionage and Sedition Acts were unconstitutional and a violation of the First Amendment. The Espionage and Sedition Acts shouldn’t prohibit Schencks right to free speech. In the “Supreme Court Majority Opinion: Schenck...
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...The Antifederalist were not for the ratification of the constitution. They believed that the government could be easily corrupted. They were big believer of restraining government power. They were against the federalist papers because they had a lack of protection for individual freedoms. They wrote their own essays such as the “Centinel” against the federalist papers and it was to warn about the danger from tyranny. Samuel Bryan, the author of the letters of centinel, wrote: ‘Without presuming upon my own judgment, I cannot think in an unwarrantable presumption to offer my private opinion, and call upon others for their’s…” The Centinel purpose was to include a bill of rights in the new constitution and to adopt those rights. The Antifederalist achieve their goal and the federalists compromise with the bill of rights added to the Constitution. Many people say that the first amendment would not be here without the “intent of the Framers.”. But they did not adopt the first amendment. The Anti-federalist was still scared because the constitution did not really guarantee that the government could take people’s right to worship away. For example, the first amendment does not say that freedoms of speech or press shall not curtail, it only prevents...
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...Amendment The First Amendment to the Constitution of the United States protects the freedom of the American people. When asked about the First Amendment, many people would only think of the freedom of speech. However, the amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances (U.S. Constitution, amend. I). Over time, these rights have been challenged in various cases, six of which will be discussed in this paper. The common trend in these cases is that the First Amendment rights may always be tested, but in the end, they hold true in court. The freedom of speech and freedom of the press ensure that Congress cannot pass any laws or other amendments that would later take these rights away from the American people. The idea is that all people should be able to speak freely, and news agencies and reporters should be able to speak the truth, whatever it may be, to the citizens of America (Cornell University Law School, n.d.). However, there are times where saying certain things in certain scenarios could cause grave damage to the country, the U.S. government, or even the American people. In these cases, there have actually been exceptions made to one being able to say anything at any time. When the United States went into World War I, there were a...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Was the Maryland law unconstitutional towards the Bank of the United States, under Article I, Section 8, of the constitution, to tax the Bank? (2) Background information: The Bank of the United States was not chartered within the Maryland state which caused Maryland to impose a burdensome tax on the Bank. The Bank’s Baltimore branch would not pay the tax, and Maryland sued James McCulloch. James McCulloch soon appealed to the U.S. Supreme Court. The U.S. Supreme court examined the case in 1819. Once they examined the case the court ruled that the Maryland tax was unconstitutional, while the Bank of the United States was constitutional. There was questioning in Article I, Section 8, which was if the congress had the power, and it was proper and...
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...University of Phoenix Online United States Constitution – HIS301 Reflections on the First Amendment Judged by the sheer number of cases brought to the Supreme Court for debate, the First Amendment can be considered one of the most controversial amendments in the Bill of Rights. The First Amendment was written to address three fundamental liberties all citizens have: religion, speech and peaceful assembly. On closer inspection, there are six very different ideals melded together into one defining statement. When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain important freedoms that are now outlined in the Bill of Rights, because many of the Framers viewed some of the freedoms as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were expressed in 45 words written by James Madison that we have come to know as the First Amendment. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of expression, artistic or otherwise in the United States is governed by the First Amendment to the U.S. Constitution. Without a doubt the First Amendment of the U.S. Constitution is one of the most important...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Does Congress have the authority to establish a bank and make it exempt from paying taxes in order to use powers listed in Article I, Section 8, Clause 18 of the Constitution? (2) Background Information: In 1816, Congress chartered the Second Bank of United States, in order to help fulfill its powers listed in Article I, Section 8, Clause 18 of the Constitution. Many of the states were opposed to the creation of such a bank because of these banks competed with other banks within the states, and because they felt that the government was exerting too much power. Maryland, in an attempt to get rid of the Baltimore branch, passed a law that taxed any banks chartered outside...
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...Clear and present danger is a test first established in the landmark case of Schenck v. United States. It came about at a conflux of interest between national security in a time of war and the ever-present constitutionally supported rights of free speech. However, as time has passed its original war time application has expanded, retracted and ultimately been refined to reflect a greater understanding of the government’s role in the regulation of free speech and its responsibilities with regard to national security. In the 1919 case Schenck v. United States the United Sates Supreme Court stated that an anti-war activist (Schenck) didn’t have a First Amendment right to advocate for the resistance of the draft, or at the very least not in...
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...Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected in the U.S. Constitution and why these are significant. The student is expected to: (B) evaluate how the federal government serves the purposes set forth in the Preamble to the U.S. Constitution; (C) analyze how the Federalist Papers such as Number 10, Number 39...
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...American Government 4/24/2013 “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The bill of rights was submitted to the states for ratification on September 25, 1789 and adopted on December 15, 1791. The first amendment was one of those amendments within the bill of rights to be adopted by the American culture. The first amendment was made as an act to guarantee our civil liberties rights. What people don’t really know is that the 1st amendment had to undergo many changes to be really effective. In the beginning the 1st amendment wasn’t as powerful it is now. Many cases had to happen for the first amendment to be really effective. Before these cases, people still weren’t really able to express themselves freely without any repercussions. For example, people weren’t able to freely write they wanted in the paper; as in talk bad about the government. The state government was no longer able to impose censorship and restrict speech, which is guaranteed by the First amendment. In 1798, the Sedition Act violated the first amendment by making it a crime to speak or write maliciously of the president or of Congress. President John Adams justified it by defining it as “intent to defame” or to bring either “into contempt or disrepute.” This act restricted...
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...Conscience “It is emphatically the province and duty of the judicial department to say what the law is,” Chief Justice John Marshall declared in the landmark case Marbury v. Madison. The content of this statement as the outcome of the 1803 case marked a significant component of our governmental structure, affecting virtually every aspect of American life. The power of judicial review recognized the United States Supreme Court as the Constitutional conscience of our nation, having ability to judge actions at both the state and federal levels. The dispute about the historical legitimacy of this judicial ability remains today, but the relevant question we treat today pertains to its proper practice. In these regards, our founders prescribed that “the Judicial Power of the United States, shall be vested in one Supreme Court” (US Constitution, Art. III. Sec. 2), and that the "Constitution, and the Laws of the United States … shall be the supreme Law of the Land" (Art IV, Sec.2). As we understand it, judicial review must serve to guide the actions affecting the lives of citizens by the standard of the United States Constitution. Judicial review must be exercised with knowledge and prudence, finding a balance between defense of individual rights and national security, judicial restraint and judicial activism, state interests and national incentives. The danger of the grand power of judicial review exists with arbitrary exercise in which the constitutional foundation and protection of...
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...free speech." Shouting "Fire!" in the theater may well be the only jurisprudential analogy that has assumed the status of a folk argument. A prominent historian recently characterized it as "the most brilliantly persuasive expression that ever came from Holmes' pen." But in spite of its hallowed position in both the jurisprudence of the First Amendment and the arsenal of political discourse, it is and was an inapt analogy, even in the context in which it was originally offered. It has lately become—despite, perhaps even because of, the frequency and promiscuousness of its invocation—little more than a caricature of logical argumentation. The case that gave rise to the "Fire!"-in-a-crowded-theater analogy—Schenck v. United States—involved the prosecution of Charles Schenck, who was...
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...free speech." Shouting "Fire!" in the theater may well be the only jurisprudential analogy that has assumed the status of a folk argument. A prominent historian recently characterized it as "the most brilliantly persuasive expression that ever came from Holmes' pen." But in spite of its hallowed position in both the jurisprudence of the First Amendment and the arsenal of political discourse, it is and was an inapt analogy, even in the context in which it was originally offered. It has lately become—despite, perhaps even because of, the frequency and promiscuousness of its invocation—little more than a caricature of logical argumentation. The case that gave rise to the "Fire!"-in-a-crowded-theater analogy—Schenck v. United States—involved the prosecution of Charles Schenck, who...
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