Do Now: Are there any factors that prevent you from fully exercising your right to free speech? Are these factors fair?
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. First Amendment
Are there any factors that prevent you from fully exercising your right to free speech? Are these factors fair? Do Now:
Espionage Act of 1917 : an act to punish acts of interference with foreign relations, and the foreign commerce of the United States, to punish espionage. Sedition Act: expanded the Espionage Act, which did not allow people to speak out against the war. Espionage & Sedition Act
In Schenck v. United States (1919), the Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment. "clear and present danger" – allows freedom of speech to be limited during time of war. Schenk V. United States
Insubordination : Defiance, rebel, disobedient Abridge : shorten, edit, reduce Sedition : incite to rebellion, agitation, treason, troublemaking Socialist: someone who follows socialism Socialism: way of organizing society in which major industries are owned and controlled by the government rather than by the people. Key Vocabulary
As a class we will read the Facts of the Case and Prior Laws and Decisions With your groups discuss the case and decide a verdict for the case. Complete the first two sections on the reverse side of sheet. What should be the verdict for the Schenk v. United States Court Case? Explain. Activity:
-The Court's unanimous (9-0) decision upheld (confirm) Schenck's conviction (spent 6 months in prison) -declared the Sedition Act a reasonable and acceptable limitation on speech in time of war. Clear and Present Danger: -The First Amendment would not protect a man from shouting fire in a theatre and causing a panic. No one has the right to use free speech place others in danger. -Congress has a right to prevent words that cause a clear and present danger and will result in evils. Verdict
Do you Agree with the Supreme Courts Decision? Why or Why Not? Use “Facts from the Case” and “Prior Laws and Decisions” To Support Your Answer. Exit Ticket Essential Question