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Schenk V. Supreme Court Case Study

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According to the First Amendment, all people have the right for free exercise of religion and speech. So, free speech is unlimited. Martin Luther King Jr. spoke out for equality throughout the races, which is an example of free speech. Yet many people, and politically, were not in favor, they eventually ruled the favor for the freedom of African America. The case of Schenck v. the United States in 1919 was ruled by an unanimous court, deciding the concerning enforcement of the Espionage Act of 1917 during World War I. Basically, the act did not violate the freedom of speech of those convicted under its provisions. The constitutionality of the law, the will of free speech, and the meaning of its language have stayed intact in court ever since. …show more content…
The United States is when the Supreme Court Case defined the modern understanding of the First Amendment. Oliver Wendell Holmes Jr., Supreme Court Justice wrote opinions about the case; these events were not known at the time. When a majority of the Court voted during their conference to affirm the conviction, Oliver Holmes quickly drafted and circulated a strongly worded dissenting opinion:

Real obstructions of the law, giving real aid and comfort to the enemy, I should have been glad to see punished more summarily and severely than they sometimes were. But I think that our intention to put out all our powers in aid of success in war should not hurry us into intolerance of opinions and speech that could not be imagined to do harm, although opposed to our own. It is better for those who have unquestioned and almost unlimited power in their hands to err on the side of freedom.(cited:https://en.wikipedia.org/wiki/Schenck_v._United_States).
Schenk challenged his accusers, and relied deeply from the text of the Amendments to back up is statements. Because of this, the court ruled over the

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