In the case of Schenck v. United States the Supreme Court ruled that the Espionage Act was unconstitutional. Charles Schenck had been falsely accused. speech aimed to potentially create danger could be banned. The First Amendment had no limits. True or False.

Question

Social Studies

Jasiah Lamb

24 August, 14:38

In the case of Schenck v. United States the Supreme Court ruled that the Espionage Act was unconstitutional. Charles Schenck had been falsely accused. speech aimed to potentially create danger could be banned. The First Amendment had no limits. True or False.

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Maleah Joyce · Answer 1

False.

Explanation:

The Schenck v. United States trial was a case-law on the possibility of restricting fundamental freedoms in time of war, 1919. The Supreme Court's attitude to the First Amendment was best expressed by Judge Oliver Wendell Holmes in the Schenk v. United States. Schenk was charged with attempting to provoke disobedience to orders in the U. S. military and blocking staffing for distributing leaflets calling for the abolition of conscription into the armed forces and denouncing the war as a crime on the part of Wall Street. Both of these charges fell under the provisions of the 1917 Espionage Act. In peacetime, according to Judge Holmes, such speeches are protected by the First Amendment, but when the country is at war, statements like those made by Schenk pose a "clear and real threat" of causing "harm that Congress has the right to prevent."