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Limits to free speech were constitutional during national emergencies.
Tomasa Crooks
Wiki User
∙ 13y agoThe 9-0 vote was unanimous, with Justice Oliver Wendell Holmes, Jr. writing the Court opinion, which was signed by all Justices.
Schenck v. United States, (1919) was a landmark ruling in which Justice Holmes established the "clear and present danger" test as a constitutional exception to the seemingly absolute ban on Congress's making any law abridging freedom of speech under the First Amendment.
The vote was:
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna
Oliver Wendell Holmes, Jr.
William Day
Willis Van Devanter
Mahlon Pitney
James McReynolds
Louis Brandeis
John Clarke
Case Citation:
Schenck v. United States, 249 U.S. 47 (1919)
Wiki User
∙ 13y agoSchenck v. United States, 249 U.S. 47 (1919)
There was no dissenting opinion in Schenck; the 9-0 vote was unanimous in support of the US government. Justice Oliver Wendell Holmes, Jr., wrote the opinion of the Court.
For more information, see Related Questions, below.
Wiki User
∙ 12y agothe answer is still unknown and guess what even i need help with this so instead of asking this question on the web, why dont you go and look up the information you need. and dont say that you could find it you need to be really precise in what you are exactly looking for.
Wiki User
∙ 8y agoDuring WWI, leaflets were sent to draft age men urging resistance to induction to the military. This was ruled as treason according to the Espionage Act of 1917, and could be enforced. Defense was pleading First Amendment rights, which was declined in the view of the justices. If the leaflets had succeeded, then the "clear and present danger" to the US was present and so they lost.
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Who won the US Supreme Court case Schenck v. US?
The US won
What did the supreme court decision in schenck v. the US most affected?
Freedom of speech
What did supreme court decide in schenck v the US?
Limits to free speech were constitutional during national emergencies.
What did The Supreme Court decision in Schenck v the US most affect?
Freedom of speech
The supreme court decision in schenck v. the US most affected what?
ur mom
What are the US Supreme Court cases Plessy v. Ferguson and Schenck v. United States?
Plessy v. Ferguson, (1896) and Schenck v. United States, (1919) are two completely unrelated US Supreme Court cases. For more information on these cases, see Related Questions, below.
In Schenck v. US when did the Supreme Court say speech could be more dangerous to the country?
During a time of war. -Apex
Power to decide if the law violates the constitution?
(in the US) The US Supreme Court.
Who was the US Supreme Court judge that upheld the Espionage and Sedition act?
Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in the 1919 case Schenck v. United States. Schenck, an anti-war Socialist, had been convicted of violating the Act, after he published a pamphlet urging resistance to the World War I draft. Later court decisions have cast serious doubt upon the constitutionality of the Espionage Act.
Which courts can decide if a law is unconstitutional?
In theory, any court can decide this, but only the decisions of the US Supreme Court are binding in regards to the US constitution (for State constitutions, the state's Supreme Court is generally the final arbiter... the US Supreme Court might rule that a particular provision in a state's constitution is not compatible with the US constitution, but usually will let the state court decide for itself in strictly internal matters.)
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
Which group of people in the US government decide if state laws are constitutional?
the Supreme Court
