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APUSH Review: Schenck v. United States (1919)

www.Apushreview.com. APUSH Review: Schenck v. United States (1919). Everything You Need To K now A bout Schenck v. United States To Succeed In APUSH. Key Ideas Before The Case. US entered World War I in 1917 Espionage Act of 1917:

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APUSH Review: Schenck v. United States (1919)

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  1. www.Apushreview.com APUSH Review: Schenck v. United States (1919) Everything You Need To Know About Schenck v. United States To Succeed In APUSH

  2. Key Ideas Before The Case • US entered World War I in 1917 • Espionage Act of 1917: • Made it illegal to interfere with military operations, including the draft • Illegal “to cause … or incite … insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States” • Sedition Act of 1918: • Made it illegal to criticize the government

  3. Who was Schenck? • Socialist that opposed the war • Schenck passed out flyers urging individuals to resist the draft • Violation of the Espionage Act • Schenck argued the Act violated the 1st amendment • Schenck appealed to the Supreme Court

  4. The Supreme Court decision The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre 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. "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 the United States 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." • The Supreme Court unanimously agreed that Shenck broke the law • Justice Oliver Holmes, Jr. • Free speech does not allow you to yell fire in a theater • Does free speech allow you to yell theater in a fire hall?????

  5. Effects of the Case • Redefined the 1st amendment • In times of war and crisis, personal liberties decrease • Seen in: • The Civil War – suspension of habeas corpus • World War II – Internment Camps • Cold War – 2nd “Red Scare”

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