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1917 Espionage Act
Outlaw any hindrances for Military Recruitment.
Why was the Espionage Act created?
To support drafting in WW1.
What was Socialist Charles Schenck not a fan of?
Mandatory drafting.
What did Charles Schenck do?
Wrote and sent Pamphlets that encourage men to not join the war.
What was the Phamplets about?
How mandatory drafting was intimidation, and unconstitutional.
Why was the Espionage Act unconstitutional to Schenck?
The Act supported involuntary servitude that was outlawed in the 13th Amendment.
What happened to Schenck?
He was arrested for breaking the Espionage Act.
What was the Constitutional Amendment at stake?
1st amendment right, free speech.
Supreme Court Decision
Unanimous, Schencks 1st amendment rights were not violated.
What made the Supreme Court Decide this way?
The Phamplets were not protestation, meaning it was not protected speech.
Why were the Phamplets not a protected speech?
Free speech does not protect a man falsely shouting fire in a theatre. Similar, the Phamplets lacked clear and present danger.
Why does this case matter?
Made Standards for the silencing of speech.
What was the Clear and Present danger replaced by?
The Brandenburg Test, which checks intention of speech.
Note 
Flashcard (33)