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The first amendment analysis
The bill of rights first amendment analysis
Constitutional liberties
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People has always had the right to free speech, which has been granted in the first amendment. However, with World war 1, much miltary criticism and Pro-German propaganda, the US Government passed the Espionage and Sedition acts, which would prohibit anything that would interfere with the success of the armed forces, incite disloyalty, or obstruct recruiting to the army as stated in Document 1 by Harries and Harries. According to William H. Rehnquist in Document 2, Charles T. Schenck was convicted in 1918 of violating the Espionage Act by printing and distributing leaflets to draftees about resisting the draft. The Supreme Court stated that the leaflets could be intended to obstruct armed forces recruiting, and Charles was therefore convicted of trespassing the Espionage Act. …show more content…
La Follette, Senator Robert argues that even though everyone’s right to free speech is protected by the Constitution, citizens should not publically influence people in any way that would conflict with the Government’s wartime efforts. However, your right to free speech should always remain when it’s not wartime, and you should always be ready to protect it as the right is guaranteed by the Constitution. In Document 3b, by Lute Pease, it shows a cartoon of Uncle Sam holding a mallet, about to smash a fly between his eyes. The cartoonist of this picture is trying to say that do what has to be done to get rid of the problem, but don’t be so absorbed into that you don’t use common sense
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.
The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action.
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.
Schenek v. United States was a trial in 1919 that reaffirmed the conviction of a man for circulating antidraft leaflets among members of the armed forces. This trial upheld the Espionage and Sedition Acts, which by many deemed unconstitutional. The Espionage Act of 1917 was a United States federal law, which made it a crime for a person to convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies. The Sedition Act forbade Americans to use "disloyal, profane, scurrilous, or abusive language" about the United States government, flag, or armed forces during war. The act also allowed the Postmaster General to deny mail delivery to dissenters of government policy during wartime. These two laws denied the freedom of speech that our sacred Bill of Rights was supposed to uphold. The antidraft flyers that Schenek passed out claimed to be freedom of speech so the government could not stop the circulation of Schenek’s pamphlets. However, by passing out antidraft laws, Schenek had “the intent to interfere with the operation of success of the armed forces of the United States.” By doing this, he broke the law. He was sentenced to six months in prison for breaking an unconstitutional law. The government was trying to reduce the freedom of speech during a time of war so that the nation would be united as one. The opposition of some feared Woodrow Wilson and his cabinet so they took action by reducing some freedoms and imprisoning many people unconstitutionally.
government enacted the Espionage Act of 1917 and the Sedition Act of 1918 which led to the suppression of anti-war documents and sentiments, as well as the prosecution of over two-thousand individuals.#
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Essentially, the First Amendment is supposed to give citizens the right to have free speech, free choice of religion, and the right to assemble peaceably. There are limitations to the First Amendment because every person interprets the rights differently. The Nazis most likely assumed that it was all right to hate people and say it in public, but the Jewish people disagreed, believing that hatred is unacceptable. Where is the line drawn when it comes to people being able to speak their minds? Justice Murphy, a member of the Supreme Court in 1942, had a say on what is considered allowable under the First Amendment and what crosses the line, and he stated,
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
Because it is a Constitutional right, the concept of freedom of speech is hardly ever questioned. “On its most basic level [freedom of speech] means you can express an opinion without fear of censorship by the government, even if that opinion is an unpopular one” (Landmark Cases). However, the actions of Americans that are included under “free speech,” are often questioned. Many people support the theory of “free speech,” but may oppose particular practices of free speech that personally offend them. This hypocrisy is illustrated by the case of Neo-Nazis whose right to march in Skokie, Illinois in 1979 was protested by many, but ultimately successfully defended by the American Civil Liberties Union (ACLU). The residents of this predominantly Jewish town which contained many Holocaust survivors were offended by the presence of the Neo-Nazis. However, then ACLU Executive Director Aryeh Neier, who...
During World War I, congress would authorize two controversial pieces of legislation: the Espionage Act of 1917 and the Sedition act of 1918. The Espionage Act was ratified in order to “suppress the spread of alleged disloyalty and to maintain the public image of remarkable national unity behind the war effort” (James and Wells, 71). The act inhibited the freedom of speech and freedom of the press, and some of which seems the antithesis of the First Amendment of the Constitution. Most of the Espionage Act would be in effect only during times of war, but two of the provisions stayed in effect during times of peace.
Abstract Several times in our nation's history, Congress has introduced a bill that would provide for banning flag desecration. Each time, however, the Supreme Court ruled that this act was protected by the First Amendment freedom of speech rights. The debate over this topic continues, with both sides arguing for "the good of the country."
Should people be able to choose for themselves? Oliver Wendell Holmes said: Words can be weapons... the question in every case is whether the words 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.8 The basic idea on the Freedom of Speech is counteract whatever one says or does. With the Nazi march in 1977, instead of protesting, have an anti-
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
In the late 1900’s the clear and present danger clause was added to the constitution which added small print to the first amendment. The clause was added to stop people from opposing the draft and United States war efforts when entering world war one. The clause states that if speech or writing poses a clear and present danger to others than it is not permitted under the first amendment. Under the same principal, you can’t scream “fire” in a crowded theater without consequences.
In the year 1917, shortly after the US entered World War One, Congress passed the Espionage Act, which made it illegal to speak out against the war, or to publicly side with the country’s enemies. Anyone caught doing it would be fined up to $10,000 [approx. $200,000 in 2017] and/or serve in prison for up to 20 years. Later in 1918, the Sedition Act was passed, which added more to the the list of stuff punishable under the Espionage Act, including making up false information in an attempt to obstruct war efforts, bad-mouthing the government, the flag, the Constitution, or the military, doing anything to obstruct the means of producing war materials, and defending any of those actions (History.com). This prompted many to question if it was justifiable
In order to enlist more soldiers into the army the Espionage Act of 1917 was enacted into law. The law made it illegal for any individual to interfere in the enlistment process. It law was meet with major protests across majority of the US cities. Throughout the 20th century the law was enforced during all foreign wars, and this led to the draft resistance to Vietnam War. During World War I many opponents who contravened the Espionage Act were imprisoned. The growth of the Anarchist movement was suppressed with the prosecution of two of their members; Nicola Sacco and Bartolomeo Vanzetti in 1920 (Zinn 1995, p. 367).