Wednesday, February 8, 2017

LAD #30: Schenck vs. US




Schenck sent out a  message to the American public telling them to peacefully protest by resisting the Conscription Act that was made during the Great War. Because of these actions, he was charged and was said to be in violation of the Espionage Act. Because of the circumstances, the Great War, Holmes said that Schenck was not allowed to say what he said. His words were not protected by the First Ammendment because of the current situation. Since his words caused a "clear and present danger" they were not protected by the constitution. The government was scared that people would actually do what Schenck wanted them to do and disobey the government. This case set the precedent that Congress could limit free speech when there was a war going on.
Image result for the patriot act

I synthesizeed this to the Patriot Act because although the American people have a r right to privacy, the Patriot Act was passed after 9/11 to work towards the greater safety of the nation. This violated a right kind of but was for the greater good, as was the decision in Schenck vs US.

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