Attorneys for Schenck challenged the constitutionality of the Espionage Act on First Amendment grounds. Freedom of Speech, Schenck's attorneys argued, guarantees the liberty of all Americans to voice their opinions about even the most sensitive political issues, as long as their speech does not incite immediate illegal action. Attorneys for the federal government argued that freedom of speech does not include the freedom to undermine the selective service system by casting aspersions upon the draft. In a 9–0 decision, the Supreme Court affirmed Schenck's conviction. Justice Oliver Wendell Holmes Jr. delivered the opinion.
The principal itself that the United Nation, the one and only organization that protects human rights and stands against threats to rights of all people, refused the invasion of Iraq should give enough reasons to not support the placement of war. An invasion is not a conflict where two countries fight one another for the foal of obtaining a right for defense or threats. An invasion, such as this one, is when one country tries to take control of another for the simple fact of intruding and taking power. This is achieved with violence; therefore Bush’s reason for suspecting, with no evidence, Saddam to have connections with aiding terrorism didn’t have to lead to an invasion. The core problem was Saddam, not Iraq and its people.
Supreme Court Decisions The Espionage Act of 1917 was passed on June 15, 1917, shortly after the U.S. entry into World War I. Originally, it prohibited attempts to interfere with military operations, military recruitment, or attempts to support U.S. enemies during wartime. It also prohibited military insubordination. In Schenck v. United States, 249 U.S. 47, 48 (1919), General Secretary of the American Socialist Party Charles T. Schenk appealed his prior conviction under the Espionage Act of 1917 on the grounds that it violated his First Amendment Right to free speech. Schenck was convicted of mailing approximately fifteen thousand letters to those who had registered for the draft in an attempt to persuade them to assert their opposition to same.
“I shall make a proclamation, speaking as one who has no connection with this affair, nor with the murderer”(Sophocles 14). The perceived meaning of this is that to Oedipus, he has no relativity to the death of Laius or to his murderer, but the unperceived meaning is that Oedipus does have all the connection there is to have with both because he is the murderer of Laius. “Insult me, go on-but that, you will find, is what makes me great”(Sophocles 30). The intended meaning is that Oedipus doesn’t care if Tiresias insults him because he believe he has already saved Thebes and believes he will rid the city of Laius’ killer, but the unintended meaning is that the insults are actually the truth of Oedipus, that they are the answers which he is looking for which ultimately dooms Thebes because Oedipus doesn’t realize he is Laius’ murderer. “If it turns out that he tells the same story as you-then I, at least, will be cleared of responsibility”(Sophocles 58).
Cristal Martinez 10-8-12 English 10h Period 1 Critical Lens Essay Franklin D. Roosevelt once said “Men are not prisoners of fate, but only prisoners of their own minds.” This quotation means that men know from right and wrong but only men know what the right action is. This quote is proven true. Two novels that can prove this quotation true are Catcher and the Rye by J.D Salinger and The Alchemist by Paulo Coelho. We are absolutely not prisoners of fate; we are not in control of our fate we are innocent of what has been decided among us. The protagonist of Catcher and the Rye is Holden.
In particular, Section 2, freedom of expression, does not state specifically the degree to which it can be used. Meanwhile, it is mentioned in Section 15 (1) that every citizen has the right to equal protection from discrimination before and under the law; Zundel violates this section of the Charter since he was allowed to publish a book based on his personal prejudice and attack on an identifiable group. Similarly, Keegstra, an Alberta high school teacher, denied the existence of the Holocaust and promoted his ideas to the classroom; but unlike Zundel, he was denied his freedom of expression even though Zundel was just as discriminatory towards the Jews. This is an example of the inconsistencies with a liberal view of the Charter- Section 2 most notably- and so, with a more conservative view, certain limits would be placed on the individual's rights to eliminate ambiguity, confusion, and contradictions in the law as much as possible; this in turn will give people a clearer understanding as to how far they can use these rights to defend themselves so that there is no abuse of rights. Not only that, but similar cases will also be treated equally.
The Hollywood Ten was a group of ten men who, because they would not cooperate with the HUAC were jailed. Two spy cases shocked the nation. The first case in 1950, involved Alger Hiss, who was a State Department official. He was convicted of perjury after being accused of passing documents to the Soviets. The second case involved the Rosenbergs giving information on the atomic bomb to the Soviets.
Domestic Aspects of the Cold war Many things related to the cold war where domestic, Created in 1938, HUAC (house of Un-American Activities Committee) investigated allegations of communists in the U.S. Many people feared the committee because of its power to subpoena anyone and had a lot of power. in 1947 president Truman issues Executive Order 9835 which creates the Loyalty Program. The loyalty program will investigate government employees in a hope to root out anyone with communism sympathies in American government. The loyalty program ran background checks on 3 million government employees.
Another famous case of obeying unlawful orders would be the case of “First Lieutenant William Calley for his part in the My Lai Massacre on March 16, 1968. The military court rejected Calley's argument of obeying the order of his superiors. On March 29, 1971, Calley was sentenced to life in prison. However, the public outcry in the United States following this very publicized and controversial trial was such that President Nixon granted him clemency. Calley wound up spending three and a half years under house arrest at Fort Benning Georgia, where a federal judge ultimately ordered his release.” (Powers, 2013).
This allowed prisoners the right to petition an unlawful imprisonment and as you there are limitations to an appeal from a prisoner. During each war the President of the United States limited habeas corpus due to prisoners getting away with a crime that was committed. For instance the first time habeas corpus that became limited was during the Civil War President Abraham Lincoln suspended habeas corpus because he wanted nothing to get in the way with the war in 1861. The three years later in 1864 Congress also limited habeas corpus due threats to the security of the union. During 1870-1871 President Grant habeas corpus came into play again due to the Ku Klux Klan and President Grant because President Grant did not want anyone to get away with it due to some of the members of the government secretly supported the organization.