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Assignment 1

You must write your response to each question on the lined page designated for that response. In your responses, be sure to address all parts of the questions in your answer. Use complete sentences; an outline or bulleted list alone is not acceptable.
"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."
Oliver Wendell Holmes, Jr., summarizing the Supreme Court’s decision in Schenck v. United States. 1919.

Group 1

Using the excerpt above, answer (a), (b), and (c).

Question 1a

Short answer
Briefly identify ONE limitation to free speech expressed in the excerpt.

Question 1b

Short answer
Briefly explain ONE historical development that influenced Schenck to break the law.

Question 1c

Short answer
Briefly explain ONE way the Court's decision influenced the First Red Scare. (Note: the student must define red scare.)

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