Monday, March 3, 2008
LAD# 26: Schenk v US
The document was dealing with the prosecution of individuals under the Espionage Act of 1917. The court case dealt with the constitutionality of the the act, yet Supreme Justice Holmes said that the documents and prosecuting evidence found under a search warrant were perfectly legal, stating that individuals went beyond their freedom of speech upheld by the Bill of Rights. They basically stated that things you say normally that are protected by the first amendment are not protected when it is in circumstances that "create clear and present danger," and therefore Congress has the right to prevent it.
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