AP Success - AP US History: Schenck v. US & Free Speech Limits
Oliver Wendell Holmes, Jr., summarizing the Supreme Court’s decision in Schenck v. United States. 1919."Evidence held sufficient to connect the defendants with the mailing of printed circulars in pursuance of a conspiracy to obstruct the recruiting and enlistment service, contrary to the Espionage Act of June 15, 1917… 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 as 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."
Question 1
The Supreme Court's decision in Schenck v. United States primarily concerned the balance between:
The rights of accused persons and the powers of law enforcement.
Free speech protections and national security interests.
The separation of church and state as outlined in the First Amendment.
Federal and state powers under the Tenth Amendment.
Question 2
The 'clear and present danger' test established in Schenck v. United States was used to determine:
When speech could be limited due to its potential to cause harm.
The constitutionality of state laws under the Fourteenth Amendment.
The legality of government surveillance on private citizens.
The extent to which the government could regulate interstate commerce.
Question 3
The Espionage Act of June 15, 1917, was a legislative response to which historical context?
The outbreak of the Spanish-American War.
The rise of organized labor and strikes.
The beginning of the Cold War and the Red Scare.
The United States' involvement in World War I.
Question 4
Which of the following best describes the impact of the Schenck decision on civil liberties during wartime?
It upheld restrictions on speech that posed a significant threat to military operations.
It expanded the protections of free speech, regardless of wartime circumstances.
It led to the immediate repeal of the Espionage Act due to its unconstitutionality.
It granted Congress unlimited power to suppress dissent during times of war.
Question 5
The Supreme Court's decision in Schenck v. United States is an example of the judiciary's role in:
Drafting and proposing new legislation to Congress.
Amending the Constitution in response to changing societal needs.
Enforcing federal laws and ensuring their execution.
Interpreting the Constitution and setting precedents for future cases.
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