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The decision in Schenck v. United States was handed down on March 3, 1919. Edward D. White was the Chief Justice of the Supreme Court.
The US won
Which statement best describes the Dred Scott v. Sanford Supreme Court decision?
In the Supreme Court.
That the Supreme Court decision was both unnecessary and invalid.
Freedom of speech
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Freedom of speech
The decision in Schenck v. United States was handed down on March 3, 1919. Edward D. White was the Chief Justice of the Supreme Court.
Schenck v. United States, 249 U.S. 47 (1919)Schenck involved a protest of the draft during World War I, fought between 1914 and 1918. Charles T. Schenck was arrested in 1917 and charged under the Espionage Act of 1917, but his case didn't reach the US Supreme Court until 1919, at the conclusion of the War.For more information, see Related Questions, below.
United States v. Schenck et al., 253 F. 212 (E. D. Pa. 1918)Yes. The US Supreme Court affirmed the US District decision. Judge Whitaker Thompson had found both Schenck and Baer guilty under the Espionage Act and sentenced them to remarkably short terms. The maximum penalty for Schenck's alleged crime was 10 years in prison, plus a fine, for each of the three counts charged. Schenck was only sentenced to six months in prison; Baer was sentenced to 90 days.For more information, see Related Questions, below.
The US won
In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.
states must reconize all federal laws
Charles T. Schenck was the secretary of the Socialist Party of America in Philadelphiaduring the First World Warand involved in the 1919 Supreme Court case Schenck v. United States.Schenck had been indicted and tried for distributing 15,000 subversive leaflets to prospective military draftees during World War I. The leaflets urged the potential draftees to refuse to serve, if drafted, on the grounds that military conscription constituted involuntary servitude, which is prohibited by the Thirteenth Amendment. The Federal government held the position that Schenck's actions violated the Espionage Act of 1917.Schenck was convicted, but he appealed to the United States Supreme Court, arguing that the court decision violated his First Amendment rights. However, the Court unanimously upheld his conviction.
Plessy v. Ferguson, (1896) and Schenck v. United States, (1919) are two completely unrelated US Supreme Court cases. For more information on these cases, see Related Questions, below.
Abrams v. U.S. and Schenck v. U.S.