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PS 470 MIDTERM 1 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) ||ALREADY GRADED A+||NEWEST VERSION
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Quiz: Schenck v. U.S. (1919) Ans: Schenck is Secretary of Socialist Party of America; printed, distributed, and mailed material to prospective draftees during WWI (15000 leaflets that advocated opposition to the draft); violates the Espionage Act of 1917 by conspiring to cause and attempting...

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  • January 20, 2025
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1
PS 470 MIDTERM 1 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS)
||ALREADY GRADED A+||NEWEST VERSION
Quiz: Schenck v. U.S. (1919)

Ans: Schenck is Secretary of Socialist Party of America; printed, distributed,

and mailed material to prospective draftees during WWI (15000 leaflets that

advocated opposition to the draft); violates the Espionage Act of 1917 by

conspiring to cause and attempting to cause insubordination in the armed

forces/obstruction of the recruiting; unanimous decision: Holmes majority

opinion; First Amendment did not protect speech encouraging insubordination

because, "when a nation is at war many things that might be said in time of

peace are such a hindrance to its effort that their utterance will not be endured

as long as men fight, and that no Court could regard them as protected by any

constitutional right." (the circumstances of wartime permit greater restrictions

on free speech than would allow during peacetime); CREATED "CLEAR AND

PRESENT DANGER TEST"




Quiz: Debs v. U.S. (1919)




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Ans: Debs was a Socialist Party member and 5-time candidate for presidency

who made an anti-war speech in Canton, OH protesting US involvement in

WWI; arrested under Espionage Act of 1917; Gov't argument: he was

attempting to arouse mutiny and treason by preventing the drafting of soldiers

into the US Army; Debs argument: he was entitled to the rights of free speech

provided under the First Amendment; Court found that Debs showed the

"intention and effect of obstructing the draft and recruitment for the war";

unanimous decision; Holmes wrote majority opinion: Claimed that little

attention was needed because Schenck v. US was practically the same case;

upheld the constitutionality of the Espionage Act




Quiz: Masses Publishing Co. v. Patten (1917)




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Ans: NY postmaster refused to allow the ciruculation of the antiwar journal,

The Masses; Judge Learned Hand majority opinion: if a citizen "stops short of

urging others that it is their duty or their interest to resist the law" then he or

she is protected by the First Amendment; one may, for example "admire"

resistors of the draft, but may not under the "incitement" test, "counsel or

advise" someone to violate the law at a specific time and place; dealt with

drawing the line between politically unpopular speech and actual threats to

national security AND influenced the eventual "incitement" test that was used

in Brandenburg




Quiz: Gitlow v. NY (1925)




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4
Ans: Gitlow was a member of the Socialist party and served in NY State

Assembly; charged with criminal anarchy under NY's criminal anarchy law of

1902 for publishing in July 1919 a document called "Left Wing Manifesto" (he

said this represented historical analysis rather than advocacy); Court had to

consider whether it could review a challenge to a state law on the basis that it

violated the federal constitution; UPHELD Gitlow's conviction 7-2 (Brandeis and

Holmes' dissented; Majority opinion by Sanford : gov't may suppress or punish

speech that directly advocates the unlawful overthrow of the gov't/also upheld

the constitutionality of the state statute/"a single revolutionary spark may kindle

a fire that, smoldering for a time, may burst into a sweeping and destructive

conflagration"; Manifesto contained "the language of direct "incitement";

Holmes' dissent: believed clear and present danger was still the appropriate

test/Gitlow presented no present danger because only a small minority of

people shared the views presented in the Manifesto and because it directed an

uprising at some "indefinite time in the future"/ "eloquence may set fire to

reason, but, whatever may be thought of the redundant discourse before us, it

had no chance of starting a present conflagration."




Bad Tendency Test was embraced (Abrams)




Quiz: Dennis v. US (1951)

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