Schenck Vs Us Case Analysis

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Christine Li In an effort to encourage national unity during World War I, American Congress enacted the Espionage Act (1917) and the Sedition Act (1918) which acutely limited 1st Amendment freedoms in order to restrain anti war discord. In the Schenck Vs. US case (1919), the Majority Opinion rules against Schenck and the protection of certain constitutional rights during war. Although war circumstances require national participation, the Court’s decision contrasts and dismisses the Constitution and ideals of a democratic government.
In the court’s unanimous decision, Holmes argued that “The question in every case is whether the words used are used in such circumstances and are of such nature as to create a clear and present danger that they will bring about
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Despite hating progressive “muckrakers”, exposés by public overseers like Upton Sinclair educated Roosevelt and pushed the congress to enact the Pure Food and Drug Act of 1906, Meat Inspection Act of 1906, and to form the Food and Drug Administration in an attempt to enforce the regulations. His work as a “trustbuster” furthered Roosevelt’s brand as a progressive. Passed by Congress in 1890, the President used the Sherman Antitrust Act to declare trusts illegal "in restraint of trade." The act was considered controversial, as it went against laissez-faire and capitalism. Roosevelt saw himself as public overseer among other progressives, “insisting on his own paternalistic obligations to serve the public good, and correctly inferring that most Americans believed monopoly capital needed to be brought under some kind of government control” (Lears 293). Roosevelt’s paternal instincts and oversee of the nation’s well being during his presidency began a progressive lineage, but lacked in comparison to Wilson’s actions and language during

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