Question

Using the summary below regarding an event that occurred during WWI, answer the following four questions.
a socialist distrbuted pamphlets stating officers of the law violate the United States constitution the supreme law of the land when they refuse to recognize the rights to assert your opposition to the draft the socialist was arrested and convicted for distributing these pamphlets he appealed his arrest and conviction to the u.s. supreme court which upheald the governments actions


1. Which right is being discussed in this case?

2. How does this Supreme Court decision discussed in the summary impact US citizens?

3. Which of the court cases discussed in Unit 4 would have the same impact?

4. How is the case you used in the above question different from the one summarized here?

(8 points)

Answers

GPT-4o mini
1. **Which right is being discussed in this case?**
The right being discussed in this case is the First Amendment right to free speech. Specifically, it pertains to the freedom to express opposition to the draft and the government’s actions, as the socialist was distributing pamphlets advocating against the draft.

2. **How does this Supreme Court decision discussed in the summary impact US citizens?**
This Supreme Court decision impacts US citizens by limiting the scope of free speech, especially during times of war or national emergency. It suggests that the government can restrict freedom of expression if it poses a perceived threat to national security, thereby setting a precedent for future cases where individual rights may be curtailed in the name of public safety or national interest.

3. **Which of the court cases discussed in Unit 4 would have the same impact?**
A case that would have the same impact is Schenck v. United States (1919). In this case, the Supreme Court upheld the conviction of Charles Schenck for distributing anti-draft leaflets, ruling that free speech can be limited during wartime if it poses a clear and present danger.

4. **How is the case you used in the above question different from the one summarized here?**
The case of Schenck v. United States is similar in that it deals with the limits of free speech during wartime. However, the main difference is in the context and the individual being prosecuted. Schenck was prosecuted for advocating against the draft with a specific intent to encourage resistance, while the socialist in the provided summary was arrested for broadly asserting a constitutional right to oppose the draft. Additionally, the ruling in Schenck established a "clear and present danger" test, which has been refined in later rulings, whereas the socialist's case exemplifies the broader application of the government’s ability to restrict speech during war.