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https://www.patreon.com/FrogCast https://www.paypal.me/FrogCast Philosophy: Philosophers of law Profoundly influenced by his experience fighting in the Ameri...
Thanks Maj Marty Hogan for letting us know that March 8 is the anniversary of the birth of American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, and as Acting Chief Justice of the United States from January–February 1930 Oliver Wendell Holmes Jr. who was noted for his "clear and present danger" opinion for a unanimous Court in the 1919 case of Schenck v. United States.
Image: 1968 Oliver Wendall Holmes, Jr. USA-1288
Facts of the case
During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.
Question
Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
Conclusion UNANIMOUS DECISION FOR UNITED STATES
MAJORITY OPINION BY OLIVER W. HOLMES, JR.
The Free Speech Clause of the First Amendment does not shield advocacy urging conduct deemed unlawful under the Espionage Act
Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances. "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." During wartime, utterances tolerable in peacetime can be punished.
From oyez.org/cases/1900-1940/249us47
"Oliver Wendell Holmes Jr. Biography"
https://www.youtube.com/watch?v=pWYAvHtRnQQ
FYI COL Mikel J. Burroughs LTC Stephen C. LTC Orlando Illi Lt Col Charlie Brown Maj Bill Smith, Ph.D. Maj William W. "Bill" Price CPT Jack Durish Capt Tom Brown MSG Andrew White SFC William Farrell SGT (Join to see) Sgt Albert Castro SSG David Andrews Sgt Randy Wilber Sgt John H. CPL Dave Hoover SGT Mark Halmrast SPC Margaret Higgins SrA Christopher Wright
Image: 1968 Oliver Wendall Holmes, Jr. USA-1288
Facts of the case
During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.
Question
Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
Conclusion UNANIMOUS DECISION FOR UNITED STATES
MAJORITY OPINION BY OLIVER W. HOLMES, JR.
The Free Speech Clause of the First Amendment does not shield advocacy urging conduct deemed unlawful under the Espionage Act
Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances. "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." During wartime, utterances tolerable in peacetime can be punished.
From oyez.org/cases/1900-1940/249us47
"Oliver Wendell Holmes Jr. Biography"
https://www.youtube.com/watch?v=pWYAvHtRnQQ
FYI COL Mikel J. Burroughs LTC Stephen C. LTC Orlando Illi Lt Col Charlie Brown Maj Bill Smith, Ph.D. Maj William W. "Bill" Price CPT Jack Durish Capt Tom Brown MSG Andrew White SFC William Farrell SGT (Join to see) Sgt Albert Castro SSG David Andrews Sgt Randy Wilber Sgt John H. CPL Dave Hoover SGT Mark Halmrast SPC Margaret Higgins SrA Christopher Wright
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