Case Study: Debs V. United States

311 Words1 Page

The landmark court case I chose, Debs v. United States, challenged the First Amendment and our freedom of speech. (Wikipedia) Eugene V. Debs was an American labor and political leader and five-time Socialist Party of America candidate for the American Presidency. Debs made an anti-war speech in Canton, Ohio, protesting US involvement in World War I which after led to him being arrested under the Espionage Act of 1917. As a result, he was convicted and sentenced to ten years in prison and deprived for life. Moreover, the quarrel of the Federal government was that Debs prevented the drafting of soldiers into the United States Army by attempting to trigger riot and treachery by. However, the altercation in approval of Debs was that he was authorize

Show More
Related

  • Benning V. Vermont: Case Study

    1792 Words  | 4 Pages

    In 1989, plaintiff Joseph Benning was cited for a violation of § 1256 for operating a motorcycle without wearing approved headgear in Caledonia County, Vermont. The statue states that “No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner.1 The headgear shall be equipped with either a neck or chin strap.1” The County State’s Attorney dismissed the citation because he deemed the statue vague and unable to establish the elements necessary to prosecute the crime.1 However, the plaintiffs filed suit against the state, seeking to have § 1256 declared unconstitutional.

    Read More

  • Influential Supreme Court Case: Gideon vs. Wainwright

    894 Words  | 2 Pages

    There have been several different Supreme Court cases over the years that have been influential to most everybody who is aware of them. For example, the case of Roe vs. Wade was and still is immensely influential and is the cause of pro-life/pro-choice debates. Another important case was Marbury vs. Madison, which was the first Supreme Court case to ever declare that a law passed by Congress was unconstitutional. Even though those two cases were a couple of the most important and influential in American history nothing compares to the influence that the case of Gideon vs. Wainwright has provided, in my opinion. This case was tremendously important to the way that law enforcement is to be carried out in that it forced detectives and FBI’s and the like to “do their homework” before declaring someone guilty of a crime. Although this case was very influential on the way police forces carry out their duties, I think the case was mostly important in that it forced all courts in the U.S. to have a greater recognition of the Sixth Amendment of the Constitution and the story of the victim involved in this case.

    Read More

  • An Analysis of the Dred Scott Decision and The People Vs. Hall

    326 Words  | 1 Pages

    Another similar case was the Dred Scott Decision. Dred Scott, being a black man during the 1820's, was yet again considered inferior to bring his case to the court. From a reader's point of view, Dred Scott's case was very legit. The Missouri Compromise of 1820 made Scott a free man. All of the blacks going through the 35'36 altitude/latitude line were said to be free men. When Dred Scott entered Illinois, he entered thinking he was a free man, until his owner assaulted him upon the return. Dred Scott did his best to bring not one but three assault cases to the court against his "owner", John F. A. Sanford; however, the court dismissed him as inferior to take any participation or even demand a fair trial. The court also called upon the Missouri Compromise as unconstitutional because of deprivation of personal property, which in this case was Dred Scott - a property of John Sanford. Eventually the sons of Sanford purchased Scott and his wife, and set them free. Scott died just a year after that.

    Read More

  • The Case Of Deshaney V. Winnebago Court Case

    921 Words  | 2 Pages

    Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.

    Read More

  • Freedom of Speech: Missouri Knights of the Ku Klux Klan v. Kansas City

    1532 Words  | 4 Pages

    "Freedom of Religion: Lyng v. Northwest Indian Cemetery Protective Association" provided a great example dealing with the freedom of religion. The Indians had been living on that land for hundreds of years, yet were denied their attempts to declare the area as a sacred area to prevent building on the lands. In the end it was a bittersweet victory for the Indians because the G-O Road was ordered to remain uncompleted because of the environment and not because it was a sacred territory for Indians. I believe that the Indians should have won the case in the Supreme Court because they were protected by the First Amendment. The case shouldn't have lasted as long as it did.

    Read More

  • Case Study: Stuart V. Nappi

    677 Words  | 2 Pages

    Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education

    Read More

  • Schenck v. United States (1919)

    427 Words  | 1 Pages

    Justice Oliver Wendell Holmes, Jr., delivered a judgment that established guidelines for evaluating the limits of free speech. In Schenck’s case, Court had to decide whether the First Amendment protected his words, even though it might have had the power to cause opposition to the draft. The First Amendment states that "Congress shall make no law...abridging the freedom of speech." The Court concluded that because Schenck's speech was intended to create opposition to the draft, he was not protected by the First Amendment.

    Read More

  • Supreme Court Case: Tinker V. Des Moines Independent Community School District

    550 Words  | 2 Pages

    In the Tinker v. Des Moines case, the students’ first amendment right was violated. They were not able to express their opinions freely. The first Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise of thereof; or abridging the freedom of speech, or the right of press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” (Classifying Arguments in the Cas...

    Read More

  • Schenck v. United States: A Federal Crime

    1516 Words  | 4 Pages

    Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917.

    Read More

  • Terminiello v. Chicago

    573 Words  | 2 Pages

    Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.

    Read More

  • eugene v. Debs

    2046 Words  | 5 Pages

    Nick Salvatore’s book Eugene V. Debs Citizen and Socialist provides a very detailed account of the life and times and Eugene Debs. Debs was born in Terre Haute Indiana and Salvatore emphasizes the important role that this played in Debs upbringing. Terre Haute was ripe with religious fundamentalism from its founding. Religion permeated everyday life throughout Terre Haute. Salvatore writes that, “In newspaper editorials, political speeches, civic dedications and Sunday sermons they assured the kingdom of God had already arrived and that their town was destined to become the center of the Kingdoms Midwest development.” It is striking how the ideals of the Terre Haute community based in religious fundamentalism and a strong industrial economy provided a seemingly Marxist critique of a capitalist system in the 1860’s well before Marxist ideas had widely spread to America. Terre Haute’s social construct was unique in that there was the undeniable American value of individual achievement stressed but here the role of community was necessary to achieve this. In Terre Haute it was believed that for individual prosperity the progress of the community as a whole was necessary. Salvatore explains this best himself writing, “The individual was firmly wedded to his community by both the bonds of daily life and by the expectations of future success. The ideas of individualism, self-interest and community appeared to meld.” This seemingly socialist ideology that man relies on himself and his brethren for progress and success was critical to Debs’ formation of his values and ideologies. Even the Superintendent of Terre Haute schools offered this, “If we shall limit the education of the masses and trust the education of the few for directive power and skill we must expect to be ruled by monopolies, demagogues and partisans” Throughout his life Debs constantly fell back on his Terre Hautian upbringing to reinforce his political values which separated him from the Milwaukee and northeastern socialists

    Read More

  • Dred Scott Decision: The Cause Of The Civil War

    543 Words  | 2 Pages

    The Dred Scott Decision. Played a role in what started the civil war cause as a born slave from Virginia who tried to sue the federal court for his freedom. But was stopped and told that he couldn’t because he wasn’t a U.S citizen who had the right to take his case to court. Dred Scott figured

    Read More

  • Dartmouth College Vs Woodward Case Study

    108 Words  | 1 Pages

    Dartmouth College v Woodward is one the biggest, if not the biggest, landmark decisions made by the Supreme Court. The case under dispute was if the state of New Hampshire could alter Dartmouth’s charter, granted by King George III, by reinstating the old President of Dartmouth college. The Supreme court ruled in favor of Dartmouth, therefore validating its contract. While most people tend to think this decision gave the Federal Government more power of the states, it really affected our free market economy the most. The ruling set a precedent that business were protected from government regulation, by stating that their corporate charters were secured by the Constitution.

    Read More

  • Persuasive Essay On The First Amendment

    1303 Words  | 3 Pages

    There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling

    Read More

  • Criticism Of World War 1

    482 Words  | 1 Pages

    The first amendment right was a large point of contention in America during the first World War. Obviously being a very complex and

    Read More

More about Case Study: Debs V. United States

Open Document