Freedom Of Speech
United States
The First Amendment does not permit the distribution of pamphlets that seeks to obstruct the lawful draft (Walker 2013, 200). This was not speech offering one’s opinion, but an unlawful act of obstructing the preparations of military action of our country (Walker 2013, 200).
Opinion of the Court
Justice Oliver Holmes concluded that the First Amendment in this situation does not protect Schenck. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent" (IIT Chicago-Kent College of Law n.d.). (Smith 2011) Holmes wrote that actions in wartime do not …show more content…
Freedom of Speech would now be measured not only by the content but also the context (Walker 2013, 201). Freedom of Speech was never intended to have absolute unlimited rule. And, for the first time a legal measuring tool could was presented to maintain some consistency and fairness in the law and all the future cases. This anonymous decision was without critics though. A scholarly critic of the time claimed that, “ no group of Americans was more hostile to free speech claims before World War I than the judiciary…” (Russo 2007). Others attacked Holmes’ opinion for its “process and oblique way” it was shaped (Smith 2011, 26). Associate Justice Louis Brandeis, who was part of the Schenck, Frohwrek and Debs cases, admitted some regret with his concurring position. Justice Brandeis, a close friend of Holmes remarked, “ I had not thought the issues of freedom of speech out. I have never been quite happy about my concurrences in the Debs and Schenck cases” (Smith 2011, 26). The times may have conquered some of the motives to persuade the conclusion. America was a growing industrialized nation with expanding urbanization and resurgences of xenophobia and KKK activity weight having looking at WWI approaching can influence ones perspective. (Smith 2011, 25). Looking back at the months preceding the September 11th Terrorist Attacks on our nation and the
The First Amendment does not permit the distribution of pamphlets that seeks to obstruct the lawful draft (Walker 2013, 200). This was not speech offering one’s opinion, but an unlawful act of obstructing the preparations of military action of our country (Walker 2013, 200).
Opinion of the Court
Justice Oliver Holmes concluded that the First Amendment in this situation does not protect Schenck. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent" (IIT Chicago-Kent College of Law n.d.). (Smith 2011) Holmes wrote that actions in wartime do not …show more content…
Freedom of Speech would now be measured not only by the content but also the context (Walker 2013, 201). Freedom of Speech was never intended to have absolute unlimited rule. And, for the first time a legal measuring tool could was presented to maintain some consistency and fairness in the law and all the future cases. This anonymous decision was without critics though. A scholarly critic of the time claimed that, “ no group of Americans was more hostile to free speech claims before World War I than the judiciary…” (Russo 2007). Others attacked Holmes’ opinion for its “process and oblique way” it was shaped (Smith 2011, 26). Associate Justice Louis Brandeis, who was part of the Schenck, Frohwrek and Debs cases, admitted some regret with his concurring position. Justice Brandeis, a close friend of Holmes remarked, “ I had not thought the issues of freedom of speech out. I have never been quite happy about my concurrences in the Debs and Schenck cases” (Smith 2011, 26). The times may have conquered some of the motives to persuade the conclusion. America was a growing industrialized nation with expanding urbanization and resurgences of xenophobia and KKK activity weight having looking at WWI approaching can influence ones perspective. (Smith 2011, 25). Looking back at the months preceding the September 11th Terrorist Attacks on our nation and the