Discuss constitutionality of arrest of an anti-war socialist

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Reference no: EM133588211

Assignment:

In Chapter (pp. 758-759), Foner et al provide excerpts from prominent free speech cases brought before US courts in 1918-19. One case, Schenk v. United States, considered the constitutionality of the arrest of an anti-war socialist who circulated pamphlets speaking out against the Selective Service (the draft). The excerpt features a section from the court's majority decision, drafted by Justice Oliver Wendell Holmes, in which the court outlines its interpretation of the First Amendment right to free speech and its limitations. The other primary source is the testimony of Eugene V. Debs, who was arrested in 1918 under the new Espionage Act for giving a speech in opposition to the war. Given before his sentencing hearing, Debs highlights various figures in US history who spoke out against government action in times of crisis but were not subjected to government persecution.

Discuss the arguments made by both individuals in regard to freedom of speech. Does Holmes' reference to shouting "Fire!" in a crowded theater serve as a fair comparison to criticizing forced military conscription via mail? Does the Constitution grant the government the ability to promote war efforts at the cost of civil liberties of its citizens? Lastly, as Debs points out, speaking out in opposition to government actions regarding war did not result in the arrest of many previous individuals who had done so, so what factors influenced the persecution of men and women like Debs during WWI?

Reference no: EM133588211

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