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? asked in Arts & HumanitiesHistory · 7 years ago

Please help with some questions on the "Schenck vs. United States" case?

Schenck vs. United States:

1. Official Citation for the case (where would I find it in a law book)

Official Citation: 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470, 1919 U.S.

2. Question involved in the case (how has the Constitution supposedly been violated?)

Is the Petitioner’s expression of his opinion of the draft protected speech under the First Amendment of the United States Constitution (Constitution)?

3. Facts of the original case

The Petitioner sent mailers to all men that were drafted into the war. The flyer consisted of 2 pages that implored the draftees to “Assert Your Rights” and standup against the draft. The Respondent, the United States (Respondent), charged the Petitioner with conspiracy to violate the Espionage Act of 1917 by encouraging insubordination in the military.

4. Opinion of the original trial court

5. Opinions of the Supreme Court:

A. Majority Opinion - the outcome of the case

Associate Justice Holmes wrote the Court’s opinion, which reasoned that Schenck was not protected because the circumstances (wartime) were so severe and critical to the state of the country that his words effectively presented a “clear and present danger” to the war effort, something that the U.S. Congress had the authority and onus to prevent. The Court thus concluded that typical peacetime actions and expressions that would be fine when there is no war or conflict must to some degree(s) be scaled back during wartime.

B. Concurring Opinions - justices that agreed with the outcome, but for different reasons

C. Dissenting Opinions - justices that disagreed with the outcome of the case

There was no dissenting opinion in Schenck; the 9-0 vote was unanimous in support of the U.S. government. Justice Oliver Wendell Holmes, Jr., wrote the opinion of the Court.

Please help and explain to me the parts I could not answer which are questions # 4 and # 5 (B.). Also if you could take a look at my other responses to make sure they are correct I would appreciate that. Also please include resources if you can thank you in advance to those who take the time to help!

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