USA HISTORY

THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
If I am a State’s prosecutor and someone is interfering with military objectives, which court case would I cite to support my argument?
A
Schenck v. United States
B
Texas v. Johnson
C
Engel v. Vitale
D
Wisconsin v. Yoder
Explanation: 

Detailed explanation-1: -The Court reasoned that Debs’s case was similar to Schenck v. United States (1919), in which the Court had concluded that the arrest of an individual for distributing leaflets encouraging readers to oppose the draft was constitutional.

Detailed explanation-2: -What was Schenck’s major argument? Any law, such as the Espionage Act, that prevents opposition to the draft by peaceful means is a violation of the First Amendment freedom of speech and press.

Detailed explanation-3: -The Court ruled in Schenck v. United States (1919) that speech creating a “clear and present danger” is not protected under the First Amendment. This decision shows how the Supreme Court’s interpretation of the First Amendment sometimes sacrifices individual freedoms in order to preserve social order.

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