the schenck case emerged most directly from the context of which of the following?
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Thomas Jefferson, first inaugural address
The excerpt reflects which of the following ?
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a. Conflicts over how the constitution should be implemented and interpreted
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Thomas Jefferson, first inaugural address
Which of the following issues of the period was Jefferson most likely concerned with in the except
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b. creation of political parties
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Thomas Jefferson, first inaugural address
The excerpt reflects which of the following ?
a. Conflicts over how the constitution should be implemented and interpreted
Thomas Jefferson, first inaugural address
Which of the following issues of the period was Jefferson most likely concerned with in the except
b. creation of political parties
Thomas Jefferson, first inaugural address
In highlighting "the safety with which error of opinion may be tolerated," Jefferson was referring most directly to...
a. passage of the Alien and Sedition Acts which were designed to suppress criticism of the government
Second Treaty of Fort Laramie
The conflict between the Sioux nation and the United States was primarily driven by differing...
b. claims to land
Second Treaty of Fort Laramie
Which of the following was typical of agreements such as the Fort Laramie Treaty between the United States government and American Indians in the post- Civil War West?
c. They usually lasted a short time before being broken by settlers' inversion onto American Indian reservation
Second Treaty of Fort Laramie
Article 6 of the treaty most likely reflected which of the following sentiments?
b. A hope held by some in government that American Indians would adopt lifestyles of White settlers
Second Treaty of Fort Laramie
Which of the following contributed to reducing the conflict that article 11 and similar provisions of other treaties were designed to address ?
d. The destruction of nearly the entire population of buffalo
immigration in the united States by decade graph
Which of the following mostly contributed to the overall trend depicted in the graph
b The transformation of the United States into an industrial society
immigration in the united States by decade graph
The trend depicted in the graph most directly contributed to which of the following developments after 1920?
c. restrictions on immigration from eastern and southern Europe
immigration in the united States by decade graph
The pattern depicted in the graph in the first half of the 19th century most directly resulted in
a. the formation of a political party that promoted nativism
immigration in the united States by decade graph
The majority of immigrants who arrived in the United States between 1821 and 1880 settled in the...
d. midwest and northeast
Bartolome de las casas
An implication of Las Casas' argument is that a major cause of the decline of the native populations in the Americas after 1492 was the..
d. epidemics brought to the Americas by the Europeans
Bartolome de las casas
Which of the following most directly resulted from the change in the Native American population described by Las Casas
b. The Spanish imported Africans as a new source of labor
Bartolome de las casas
In their colonization of the Americas, the Spanish used the encomienda system to
a. organize and regulate Native American labor
People's (populist) party platform, 1892
Which of the following best describes the overarching goals of the Populist Party in the late nineteenth century
d. cooperative democracy and a stronger governmental role in the economic system
People's (populist) party platform, 1892
Activists formed the populists party most directly in response to the
a. growth of cooperate power in agriculture and economic instability in farming
People's (populist) party platform, 1892
The ideas of the populists party, as expressed in the excerpt, had the most in common with the ideas of
b. progressive movement
" Society, politics, and the Market Revolution 1815-1848"
Which of the following cultural and social shifts resulted most directly from the trends described in the excerpt ?
b. the emergence of new ideas about the probe roles of husbands and wives
" Society, politics, and the Market Revolution 1815-1848"
Which of the following pieces of historical evidence from the United States census could best be used to support the arguments in the except ?
a. Data showing changes in the number of textile mills
" Society, politics, and the Market Revolution 1815-1848"
Which of the following historical developments contributed most directly to the market revolution ?
a. the emergence of new forms of transportation
Majority opinion of the United States Supreme Court
The restrictions imposed by by the Schenck decision most directly contradicted which of the following earlier developments in the United States
b. protection of liberties through the adoption of the Bill of Rights in 1791
Majority opinion of the United States Supreme Court
Schenck v. United States
A case in which the Court held that Schenck's conviction under the Espionage Act for criticizing the draft did not violate the First Amendment and that the Act was an appropriate exercise of Congress’ wartime authority.
Schenck v. United States
Schenck v. United States OPINIONS
SYLLABUS VIEW CASE
APPELLANT
Charles Schenck
APPELLEE
United States
LOCATION
District Court for the Eastern District of Pennsylvania
DOCKET NO.
437
DECIDED BY
White Court
LOWER COURT
Federal district court
CITATION
249 US 47 (1919)
ARGUED
Jan 9 - 10, 1919
DECIDED
Mar 3, 1919
ADVOCATES
Henry John Nelson
for the plaintiffs in error
John Lord O'Brian
for the defendant in error
Henry J. Gibbons
for the plaintiffs in error
Facts of the case
During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment.
Question
Did Schenck's conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech?
Conclusion
Sort: by seniority by ideology
UNANIMOUS DECISION FOR UNITED STATESMAJORITY OPINION BY OLIVER W. HOLMES, JR.
The Free Speech Clause of the First Amendment does not shield advocacy urging conduct deemed unlawful under the Espionage Act
Holmes White McKenna Day Van Devanter Pitney McReynolds Brandeis Clarke
The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority. Writing for a unanimous Court, Justice Oliver Wendell Holmes concluded that courts owed greater deference to the government during wartime, even when constitutional rights were at stake. Articulating for the first time the “clear and present danger test,” Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent. Holmes reasoned that the widespread dissemination of the leaflets was sufficiently likely to disrupt the conscription process. Famously, he compared the leaflets to falsely shouting “Fire!” in a crowded theatre, which is not permitted under the First Amendment.
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"Schenck v. United States." www.oyez.org/cases/1900-1940/249us47. Accessed 18 Mar. 2022.
WWI & Twenties Test "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic ppt download
(A) Critiques by radicals of United States foreign policy
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Presentation on theme: "WWI & Twenties Test "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic. ."— Presentation transcript:
1 WWI & Twenties Test "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." Majority opinion of the United States Supreme Court in Schenck v. United States, 1919 Use the Quote to answer Questions 1 - 2 1. The restrictions imposed by the Schenck decision most directly contradicted which of the following earlier developments in the United States? (A) Arguments for self-government asserted in the Declaration of Independence (B) Protection of liberties through the adoption of the Bill of Rights in 1791 (C) Assertion of federal power over states' rights in the 1819 McCulloch v. Maryland decision (D) Expansion of voting rights during President Andrew Jackson's administration
2 (A) Critiques by radicals of United States foreign policy
"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." Majority opinion of the United States Supreme Court in Schenck v. United States, 1919 Use the Quote to answer Questions 1 - 2 2. The Schenck case emerged most directly from the context of which of the following? (A) Critiques by radicals of United States foreign policy (B) African American migration from the rural South to the urban North (C) Challenges by women to their prescribed status in society (D) Nativist resistance to migration from abroad
3 3. Why did the US reject the Treaty of Versailles because of the League of Nations?
(A) The US was not the location of the League of Nations (B) The US was not immediately requested to join (C) The US felt it would pull it into future international wars (D) The US felt it had been cheated out of new imperial lands
4 (B) Calls for integration of the United States armed forces
"We believe in the freedom of Africa for the Negro people of the world, and by the principle of Europe for the Europeans and Asia for the Asiatics, we also demand Africa for the Africans at home and abroad "We strongly condemn the cupidity of those nations of the world who, by open aggression or secret schemes, have seized the territories and inexhaustible natural wealth of Africa, and we place on record our most solemn determination to reclaim the treasures and possession of the vast continent of our forefathers." Marcus Garvey, Declaration of Rights of the Negro Peoples of the World, adopted at the first convention of the Universal Negro Improvement Association (UNIA), August 1920 Use the above quote to answer questions 4. Which of the following most plausibly influenced Garvey's argument in the excerpt? (A) The emerging support for United States intervention in the affairs of Asia and Latin America (B) Calls for integration of the United States armed forces (C) New cultural expressions that emerged from the Harlem Renaissance (D) The concept of self-determination debated at the Treaty of Versailles peace talks
5 (A) Presidents favoring colonization efforts
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