The Soapbox

NJHoo

Joined: 08/14/1998 Posts: 8009
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Schenck v. United States


"The verdict of the Schenck v. United States case was that the freedom of speech protection afforded in the U.S. Constitution’s First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."12 Charles T. Schenck was general secretary of the U.S. Socialist Party, which opposed the implementation of a military draft in the country. The party printed and distributed some 15,000 leaflets that called for men who were drafted to resist military service. Schenck was subsequently arrested for having violated the Espionage Act; he was convicted on three counts. Oral arguments at the Supreme Court were heard on January 9, 1919, with Schenck’s counsel arguing that the Espionage Act was unconstitutional and that his client was simply exercising his freedom of speech guaranteed by the First Amendment. On March 3, 1919, the Court issued a unanimous ruling upholding the Espionage Act and Schenck’s conviction."

Schenck was small potatoes compared to Trump v. US.

I


(In response to this post by 111Balz)

Posted: 08/04/2023 at 2:20PM



+4

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