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