USA HISTORY

THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
War time is different from peace time; during war the government should have extra power to ensure the safety and security of the American people, even if that means limiting certain kinds of speech. Which court case is this from?
A
Baker v. Carr
B
Schenck v. U.S.
C
Engel v. Vitale
D
Tinker v. Des Moines
Explanation: 

Detailed explanation-1: -The ruling established that Congress has more latitude in limiting speech in times of war than in peacetime and set out the clear and present danger test, in which Justice Oliver Wendell Holmes Jr.

Detailed explanation-2: -Sedition Act of 1918 (1918) The Sedition Act of 1918 curtailed the free speech rights of U.S. citizens during time of war. Passed on May 16, 1918, as an amendment to Title I of the Espionage Act of 1917, the act provided for further and expanded limitations on speech.

Detailed explanation-3: -United States, 249 U.S. 47 (1919) If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime, the First Amendment does not protect the speaker from government action.

Detailed explanation-4: -In 1969, Schenck was largely overturned by Brandenburg v. Ohio, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot).

There is 1 question to complete.