Charles Schenck an American Socialist against WWI, originally thought of committing espionage, distributed flyers to men who were drafted to fight in the war. His flyers stated that the men were being drafted into, involuntary servitude, and urged them to fight against the US Government and their freedom to choose. Congress cited clear and present danger, and Schenck lost the case, but the ruling was overturned stating that his right to free speech was violated. In this detailed volume, historical cases about the First Amendment are unpacked for readers to elicit debate. Through case studies, primary sources, and further reading sections, students are inspired to think deeply about our right, as Americans, to free speech and what constitutes that right even if the subject is disagreeable.
This landmark decision placed certain restrictions on the First Amendment's guarantee of freedom of speech. When Charles Schenck, a member of the socialist party distributed anti-draft material during World War...
See Saul Cornell , The Other Founders : Anti - Federalism and the Dissenting Tradition in America , 1788–1828 7 ( North Carolina 1999 ) . 21 Marcus Cunliffe , Elections of 1789 and 1792 , in Schlesinger and Israel , eds , 1 History of ...
Explains the judicial process that shapes the application of the First Amendment. Using the U.S. Supreme Court case Schenck v. United States, it traces how Justice Oliver Wendell Holmes first...
The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, ...
All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax.
In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, ...
Otherwise, we would be analyzing and judging what happened in a totally different era with a current perspective.Oliver Wendell Holmes Jr. (March 8, 1841 - March 6, 1935) was an American jurist who served as Associate Justice of the United ...
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free ...
This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize ...
Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of ...