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Schenck v US, (1919) was the first case that tested the US government's authority to regulate freedom of speech, an important First Amendment protection.
Schenck was a challenge of a Congressional Act that placed limits on the First Amendment Free Speech Clause. When the US Supreme Court held the Espionage Act of 1917 (ch. 30, tit. I § 3, 40 Stat. 217, 219) was constitutional, it created the first "exception" to the constitutional mandate "Congress shall make no law . . . abridging the freedom of speech," by declaring the government's interest in promoting national security superseded the public's right to exercise unrestricted free speech.
Case Citation:
Schenck v. United States, 249 U.S. 47 (1919)
For more information, see Related Questions, below.
What else can I help you with?
What kind of cases are heard in constitutional courts?
Cases where the decision hinges on the application of a constitutional provision are heard in Constitutional Courts. A good example of such cases would include all cases concerning Freedom of Speech as guaranteed in the First Amendment.
How has the Supreme Court interpreted religious freedoms under the First Amendment?
The first amendment states that everyone is entitled to freedom of religion and should not be a law in favor of any religion or prohibiting a religion.
What types of cases does the district court see?
STATE District Courts, hear ALL cases concerning violations of state law. FEDERAL District Courts hear all types of cases having to do with violation of federal law.
Who has the final rule on the first amendment freedoms?
Supreme Court
When is the US Supreme Court going to stop the First Amendment?
The US Supreme Court is not going to "stop the First Amendment"; they lack authority to change the Constitution. Article V of the US Constitution explains the formal amendment process.
Is the first amendment expressly stated in the Constitution or conveyed through Supreme Court decisions?
The First Amendment is expressly stated in the Constitution.
What type of cases does the supeme court hear first?
cases on constitutional matters
United States supreme court decisions in cases involving the first amendment to the federal constitution generally reflect the principle to?
indivual rights must be balanced against the needs of soceity at the time
What branch of government does the first amendment clearly limit the powers of?
Supreme Court . because the Supreme Court is in control of crimes, etc. With the first Amendment, the Court's power is limited because people have certain rights which could possibly bail themselves out.
Is the right for women to vote on the Bill of Rights?
No. The Bill of Rights is the First 10 Amendments to the Constitution. The amendment concerning a woman's right to vote is the 19th Amendment.
The first time the Supreme Court interpreted the full scope of the First Amendment was?
One of the first times that the Supreme Court interpreted the full scope of the First Amendment was in 1925. The case was that of Gitlow v. New York.
Is the 10th Amendment the last Amendment to the Constitution?
No, the Tenth Amendment is the last Amendment in the Bill of Rights (the first Ten Amendments to the Constitution). As of 2011, the US Constitution has 27 Amendments; the last, concerning compensation to members of Congress, was ratified in 1992.
