PSC 2302 Lecture Notes - Lecture 12: Involuntary Servitude, Espionage Act Of 1917, Elizabeth Bear
30 Oct 2020
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The first case that deals with free speech in a more modern context. Background of the case: comes out of the participation of the united states in world war i, after entering wwi, congress had passed, and president woodrow wilson had signed, the espionage. Act of 1917: espionage act made any activity that could interfere with the operational success of the. Amendment: claimed the espionage act violated the 1st amendment by preventing them from speaking. Justice holmes is limiting free speech, but it is only limited in particular sets of circumstances when there is a clear and present danger: allows for more free speech in general. Case effectively redefines the clear and present danger test was. Dissenting opinion written by justice hugo black. Dissenting opinion written by justice douglas: believes that free speech can be restricted based on certain circumstances, but prior restraint cannot be justified, believed that the limits of free speech had not be crossed by dennis yet.
