It protected the use of the draft, introduced the phrase Shouting Fire in a Crowded Theatre, as well as the term Clear and Present Danger. Schenck did six months in jail as a result of this 9 - 0 decision.
Chief Justice Earl Warren presided over the US Supreme Court from 1953-1969, during a time of unprecedented change in the nation's history. The Warren Court addressed issues of civil rights, individual liberties, and judicial and federal power no less important than those established by Chief Justice Marshall in the early 19th century.The following list contains some of the better known cases decided during Warren's tenure:Notable Cases of the Warren CourtBrown v. Board of Education, 347 US 483 (1954)Bolling v. Sharpe, 347 US 497 (1954)Brown v. Board of Education II, 349 US 294 (1955)Lucy v. Adams, 350 US 1 (1955)Yates v. United States, 354 US 298 (1957)Roth v. United States, 354 US 476 (1957)Watkins v. United States, 354 US 178 (1957)Trop v. Dulles, 356 US 86 (1958)NAACP v. Alabama, 357 US 449 (1958)Speiser v. Randall, 357 US 513 (1958)Cooper v. Aaron, 358 US 1 (1958)Gomillion v. Lightfoot, 364 US 339 (1960)Boynton v. Virginia, 364 US 454 (1960)Mapp v. Ohio, 367 US 643 (1961)Fong Foo v. United States, 369 US 141 (1962)Baker v. Carr, 369 US 186 (1962)Engle v. Vitale, 370 US 421 (1962)Jones v. Cunningham, 371 US 236 (1963)Edwards v. South Carolina, 372 US 229 (1963)Gideon v. Wainwright, 372 US 335 (1963)Douglas v. California, 372 US 353 (1963)Gray v. Sanders, 372 US 368 (1963)Fay v. Noia, 372 US 391 (1963)Brady v. Maryland, 373 US 83 (1963)Abington v. Schempp, 374 US 203 (1963)Sherbert v. Verner, 374 US 398 (1963)Wesberry v. Sanders, 376 US 1 (1964)New York Times v. Sullivan, 376 US 254 (1964)Griffin v. County School Board of Prince Edward Co., 377 US 218 (1964)Reynolds v. Sims, 377 US 533 (1964)Jacobellis v. Ohio, 378 US 184 (1964)Escobedo v. Illinois, 378 US 478 (1964)Cooper v. Pate, 378 US 546 (1964)Beck v. Ohio, 379 US 89 (1964)McLaughlin v. Florida, 379 US 184 (1964)Heart of Atlanta Motel v. United States, 379 US 241 (1964)Griffin v. California, 380 US 609 (1965)Griswold v. Connecticut, 381 US 479 (1965)Estes v. Texas, 381 US 532 (1965)Baxstrom v. Herold, 383 US 107 (1966)Memoirs v. Massachusetts, 383 US 413 (1966)Harper v. Virginia Board of Elections, 383 US 663 (1966)United States v. Price, 383 US 787 (1966)Sheppard v. Maxwell, 384 US 333 (1966)Miranda v. Arizona, 384 US 436 (1966)In Re Gault, 387 US 1 (1967)Loving v. Virginia, 388 US 1 (1967)Katz v. United States, 389 US 347 (1967)Duncan v. Louisiana, 391 US 145 (1968)United States v. O'Brien, 391 US 367 (1968)Green v. School Board of New Kent County, 391 US 430 (1968)Terry v. Ohio, 392 US 1 (1968)Epperson v. Arkansas, 393 US 97 (1968)Tinker v. Des Moines, 393 US 503 (1969)Street v. New York, 394 US 576 (1969)Bradenburg v. Ohio, 395 US 444 (1969)Powell v. McCormack, 395 US 486 (1969)For more information, see Related Questions, below.
The clear and present danger test was established in Schenck.Facts: Schenck, a member of the Socialist Party, made leaflets opposed to the draftand violated the Espionage Act of 1917.Decision: The First Amendment does not protect the right to free speech when the nature or circumstances are such that the speech creates a clear and present danger of substantial harm to important national interests.sources: law class
What does the supreme court case burns v. reed do?
Gibbons v. Ogden was argued before the US Supreme Court on February 5, 1924, and the Court released its decision on March 2, 1824. Gibbons established Congress had sole constitutional authority to regulate interstate commerce.Case Citation:Gibbons v. Ogden, 22 US 1 (1824)
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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.
Marbury v. Madison, 5 US 137 (1803)Marbury v. Madison was an essentially meaningless case argued before the U.S. Supreme Court in 1803 in which the Court asserted the power of the Supreme Court to decide whether or not laws were constitutional. THAT is its lasting legacy, and every SCOTUS decision since cites Marbury v. Madison as their authority.For more information, see Related Questions, below.
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Marbury v. Madison, 5 US 137 (1803)Marbury v. Madison was an essentially meaningless case argued before the U.S. Supreme Court in 1803 in which the Court asserted the power of the Supreme Court to decide whether or not laws were constitutional. THAT is its lasting legacy, and every SCOTUS decision since cites Marbury v. Madison as their authority.For more information, see Related Questions, below.
Schenck v. United States, 249 U.S. 47 (1919)The US Supreme Court limited the constitutional right of free speech.For the first time in history, the Court held Congress had a right to create exceptions to the US Constitution's First Amendment Free Speech Clause when exercising that right could create a "clear and present danger" to US military recruitment efforts during war and jeopardize national security.For more information, see Related Questions, below.
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