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What was the justice Holmes main argument in the courts opinion in schenck?
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What important case did Justice Oliver Wendell Holmes write the majorty opinion?
He was noted for his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States.For more information on Schenck v. United States, (1919), see Related Questions, below.
Who was Chief Justice during Schenck v. United States?
Chief Justice Edward Douglas WhiteCase Citation:Schenck v. United States, 249 US 47 (1919)For more information, see Related Questions, below.
Who was the US Supreme Court judge that upheld the Espionage and Sedition act?
Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in the 1919 case Schenck v. United States. Schenck, an anti-war Socialist, had been convicted of violating the Act, after he published a pamphlet urging resistance to the World War I draft. Later court decisions have cast serious doubt upon the constitutionality of the Espionage Act.
What did the supreme court decide in Schenck vs the US?
Limits to free speech were constitutional during national emergencies.
What do you think Justice Holmes meant when he said 'What you want is favor not justice'?
its us contitutions
What did the 'clear and present danger' test that resulted from the Supreme Court decision in Schenck v. US place limits on?
The US Supreme Court's decision in Schenck v. United States, 249 US 47 (1919) placed a limitation (called an exception) on constitutional First Amendment rights to freedom of speech or expression. Oliver Wendell Holmes, Jr., writing the opinion of the Court, held that First Amendment protection did not extend to circumstances where exercise of speech created a "clear and present danger." This is also the case that used the example of "shouting 'fire' in a crowded theater."A similar case later that year, Abrams v. United States,250 US 616 (1919) upheld the decision, with the notable exception that Justice Oliver Wendell Holmes, Jr., who wrote the majority opinion in Schenck, actually joined Justice Brandeis in dissent on Abrams.These early cases that imposed rigid restrictions on free speech, ostensibly to preserve law and order, were overturned by Brandenburg v. Ohio, 395 US 444 (1969), which held that the government cannot restrict inflammatory speech unless its intention is to incite, or is likely to incite, "imminent lawless action."Case Citation:Schenck v. United States, 249 US 47 (1919)For more information on Schenck v. United States, see Related Questions, below.
Was Oliver Wendell Holmes a poet and Physician?
Yes, in the case of Oliver Wendell Holmes, Senior. His son, Oliver Wendell Holmes , Junior, was a Supreme Court Justice.
What was Oliver Wendell Holmes' opinion in Schenck v US?
The Court's decision in Schenck v. United States, (1919) placed a limitation (called an exception) on constitutional First Amendment rights to freedom of speech or expression.Oliver Wendell Holmes, Jr., writing the opinion of the Court, held that First Amendment protection did not extend to circumstances where exercise of speech created a "clear and present danger." This is also the case that used the example of "shouting 'fire' in a crowded theater."The exact quote is: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."Holmes point was that there is no absolute right of free speech, because there are always circumstances in which unregulated expression can create problematic or dangerous situations. The need for safeguarding the public (or, in the case of Schenck, the government) against certain forms of speech creates exceptions that are not protected by the First Amendment. "Falsely shouting fire in a theatre" is an example illustrating Holmes' point.Another quote from Schenck that further clarifies the Court's position: "Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances a to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done."Holmes concluded the intent of the pamphlet Charles Schenck distributed was to influence drafted men to resist enlistment, which would obstruct the government's war effort. Holmes acknowledged the circular would have been protected under the First Amendment during peace time, but that the United States' engagement with Germany in war changed the context.Case Citation:Schenck v. United States, 249 US 47 (1919)
Is it possible to have a sound valid inductive argument?
Sure. Sherlock Holmes did it all the time.
What are the release dates for Sherlock Holmes in the 22nd Century - 1999 The Scales of Justice 1-8?
Sherlock Holmes in the 22nd Century - 1999 The Scales of Justice 1-8 was released on: USA: 6 November 1999
Who was on the US Supreme Court when the decision was made relating to forced sterilization?
The US Supreme Court case upholding a policy of forced sterilization for institutionalized patients with mental illness and developmental disorders was Buck v. Bell, (1927). Chief Justice William Howard Taft presided over the Court, but Justice Oliver Wendell Holmes, Jr., wrote the 8-1 majority opinion. Justice Pierce Butler was the sole dissenter in the case.Majority OpinionWilliam Howard Taft (Chief Justice)Oliver Wendell Holmes, Jr., (wrote opinion)James C. McReynoldsLouis BrandeisGeorge SutherlandEdward T. SanfordHarlan F. StoneDissentingPierce ButlerCase Citation:Buck v. Bell, 274 US 200 (1927)
Is a statement kill the blacks protected by first amendment?
No, the statement "kill the blacks" is not protected by the first amendment because it may create a Clear And Present Danger. The issue first appeared in the Schenck v. United States when Charles Shenck protested the draft for WW1. Justice Oliver Holmes, Jr. used the statement to clarify the the exclusivity of the first amendment.
