JOUR 302 Lecture Notes - Lecture 8: Prior Restraint, Ant-Zen, Espionage Act Of 1917
Document Summary
Tested state law to say it"s unconstitutional under first amendment. State laws should be just as strong as constitution or stronger but not weaker. No more british common law as it related to press freedom and censorship. Schenck v. u. s. , 249 u. s. 47 (1919) To prepare for world war i war efforts, u. s. congress passed espionage act of. Act made it illegal during wartime to write or speak anything critical of. American involvement in the war or actions that could obstruct recruitment. Later expanded by the sedition act in 1918. During world war i, schenck printed and distributed some 15,000 leaflets that called for men who were drafted to resist military service. Schenck was general secretary of socialist party. Schenck was charged with violating the espionage act by attempting to cause insubordination in the military and to obstruct recruitment. Schneck"s leaflets said the draft violates the 13th amendment (involuntary servitude) and to stand in opposition against the draft.
