JREM 400 Study Guide - Quiz Guide: The Public Theater, Espionage Act Of 1917, Conna

• School: UTK
• Department: Journalism and Electronic Media
• Course: JREM 400
• Professor: All

Document Summary

When the original come into being, people were either anti-federalist (against the constitution because it would take away civil liberties) or federalists. Didn t take into account freedom of speech, religion, assembly, petition. Finally, james madison (federalist) and others caved and added amendments. Cassius marcellus clay was the first american to say the first amendment should be nationalized. Only applied to federal government until 1925. Freedom of religion, speech, press, assembly, petition. Schenck was distributing leaflets saying citizens should resist the draft (for wwi) Said that if they do, they are giving up their freedom. Schenck & co. charged under espionage act of 1917. Made it a felony to promote insubordination within the military or obstruct the armed forces. Schenck said the first amendment protected him. Lawyer noted that the first amendment said congress shall pass no law . Holding: during wartime this is not okay but peacetime would have been okay.