Home > Social Sciences and the Law > Law > Court Cases

Topic:Schenck v. United States

Visit our new topic page about Schenck v. United States

Schenck v. United States

The Columbia Encyclopedia, Sixth Edition | Date: 2008

Schenck v. United States case decided in 1919 by the U.S. Supreme Court. During World War I, Charles T. Schenck produced a pamphlet maintaining that the military draft was illegal, and was convicted under the Espionage Act of attempting to cause insubordination in the military and to obstruct recruiting. In his opinion for the Supreme Court, Justice Oliver Wendell Holmes rejected the argument that the pamphlet was protected by the First Amendment to the U.S. Constitution. He argued that speech may be suppressed if it creates a clear and present danger that it will produce a "substantive evil" which can be legally prevented. Subsequent decisions would limit the clear and present danger test to violent actions, and not the mere advocacy of ideas. Indeed, Holmes himself agreed that the 1919 decision had been abused by the federal government in cases where political dissidents were prosecuted.

Author not available, SCHENCK V. UNITED STATES., The Columbia Encyclopedia, Sixth Edition 2008

Related newspaper, magazine, and journal articles from HighBeam Research

	`Clear and present danger'?(Commentary)(Forum) The Washington Times; 4/7/1996; 277 words ; Arianna Huffington makes several good points in her March 16 commentary on the looming battles over the Communications Decency Act. In particular, the vociferous arguments that have been be made alleging abridgment of rights granted under the First Amendment are bound to capture the lion's share of Read more
	Advocacy in the U.S. Supreme Court: expertise within the appellate bar. Constitutional Commentary; 9/22/1994; McGuire, Kevin T.; 7481 words ; During the early nineteenth century, there was a distinct Supreme Court bar, dominated by lawyers in and around Washington. Travel to the new capital city was difficult, and, rather than assume the onerous task of journeying to Washington to appear before the Justices, many lawyers would refer Read more
	Supreme Court auditing of the US courts of appeals: an organizational perspective. Journal of Public Administration Research and Theory; 10/1/2007; Lindquist, Stefanie A. Haire, Susan B. Songer, Donald R.; 9207 words ; INTRODUCTION In the federal judicial hierarchy, the US Supreme Court exercises final authority over the interpretation of federal law, and its interpretations are ostensibly binding on the lower federal courts. According to the norm of stare decisis, decisions rendered by the High Court may not be Read more
	SHAPING THE SUPREME COURT'S FEDERAL CERTIORARI DOCKET* Justice System Journal; 1/1/2006; Scott, Kevin M; 7303 words ; The size of the Supreme Court's discretionary docket has varied considerably over the last fifty years, and that variation has received more attention in both scholarly and journalistic circles in light of declines over the past fifteen years. To understand the sources of such variation, one must Read more
	Avoiding missteps in the Supreme Court: a guide to resources for counsel. Journal of Appellate Practice and Process; 9/22/2005; Rothfeld, Charles A.; 3415 words ; I. INTRODUCTION An argument in the Supreme Court is an extraordinary thing. That is literally so for most lawyers: With the Court granting review in only eighty or so cases a year, a Supreme Court argument is likely to be a once-in-a-lifetime event even for most experienced appellate advocates. The Read more
	The Supreme Court of Canada: its history, powers and responsibilities. Journal of Appellate Practice and Process; 3/22/2002; Iacobucci, Frank; 4970 words ; I. INTRODUCTION In September 2000, the Supreme Court of Canada celebrated its 125th anniversary. This occasion provided Canadians, and especially those of us intimately related to the Court, with an opportunity to reflect upon the development of this national institution. As part of the Read more
	Supreme Court Expands Search Rights, Work Rules, Sex Offender Restrictions Crime Control Digest; 7/28/2006; Anonymous; 5135 words ; The Supreme Court in the 20052006 term expanded the rights of police to conduct searches and seize evidence, even when the officers have made an illegal entry. But the court also put new restrictions on police in that a search of a residence requires unanimous consent of all those with a Read more
	Analysis: Involvement of the US Supreme Court and the Florida Supreme Court in the presidential election controversy Talk of the Nation (NPR); 12/4/2000; JUAN WILLIAMS; 7692 words ; ... in the studio is my friend, NPR senior news analyst Daniel Schorr. Join the conversation ... Sauls has, from what I can take from the news here, delayed his decision because he's ... Williams. It's TALK OF THE NATION from NPR News. (Soundbite of music) WILLIAMS: It's TALK ... Read more
	The quixotic search for consensus on the U.S. Supreme Court: a cross-judicial empirical analysis of the Rehnquist court justices. American Political Science Review; 6/1/1997; Gerber, Scott D. Park, Keeok; 11706 words ; In this first systematic and extensive application of cross-judicial methodology, we examine the members of the Rehnquist Court (1986-94 terms) with prior appellate court experience to discern any correlation with their Supreme Court behavior in terms of nonconsensual opinion writing and voting We Read more
	State Supreme Court decision making in confession cases Justice System Journal; 1/1/2002; Benesh, Sara C; Martinek, Wendy L; 8225 words ; State Supreme Court Decision Making in Confession Cases* The federal nature of the American judiciary suggests that a state court of last resort may evade decisions of the U.S. Supreme Court if those decisions do not comport with the preferences of the state supreme court judges or are in conflict Read more

See all related premium articles

Related entries from encyclopedias, dictionaries, and thesauruses

	United States World Press Encyclopedia ... obviously restrict free expression or challenge ... before the Marbury v. Madison case in 1803 ... restraint case, Near v. Minnesota , indicated ... New York Times Co. v. United States ) found restraint ... criminal sanctions until Schenck v. United States was ... Read more
	Espionage and Sedition Acts American Decades ... with extraordinary powers over the rights of free speech and press. Immediately after the nation ... originally proposed would serve to repress free speech and the right of individuals to debate ... the forcible resistance to any law of the United States would be punishable by both fine and ... Read more
	Oliver Wendell Holmes Jr Encyclopedia of World Biography ... book contributed to the awakening interest in the United States in "sociological jurisprudence, " the interrelation ... He argued vigorously for wide latitude for the states in this and in other areas of social policy. His ... opinion in the economic sphere is probably Lochner v. New York; he ... Read more
	Grant, Ulysses S. Presidents: A Reference History ... greenback cases, Knox v. Lee and Parker v. Davis (1 May 1871). Inevitably, Grant ... insurgents to make solid gains lessened United States enthusiasm for active support. For a time ... Department; others were the charges of a United States Army still smarting from the death of ... Read more
	Holmes Jr., Oliver Wendell *UXL Encyclopedia of World Biography* ... an attempt by the federal government of the United States to preserve the Union after eleven Southern states chose to leave and form an independent nation ... After the federal government and the Northern states won the war, the Union was preserved and slavery was no longer allowed in any part of ... Read more