Question

One role of the Supreme Court is to determine if laws are Constitutional or not. During World War I two laws were passed making it a crime to speak against the United States or the flag. In the Schenk Case, Justice Oliver Wendell Holmes ruled against Schenk, who had been passing out pamphlets urging men to refuse to serve in the military. Explain Holmes' decision to limit the First Amendment Guarantees of "Freedom of Speech" in the Schenk Case.

Answer 1

a. Holmes ruled that since Schenk was a communist and communists are enemies of the United States, Schenk did not enjoy the same freedoms as other Americans.
b. Holmes ruled that since Schenk was a member of the Socialist Party, which was running a candidate (Eugene Debs) for president in the next election, he did not need legal protection, as a victory by Debs would have insured removal of the Espionage Act.
c. Holmes ruled that the Espionage and Sedition Acts were both unconstitutional and must be repealed.
d. Holmes ruled that in times of "clear and present danger," such as during a war, certain normally protected freedoms including freedom of speech, may be suspended.

Answer 2

D. With war going on and the fact that anyone could be "American", certain rights have to be suspended such as freedom of speech to prevent the foreigners who came to create chaos in the United States from doing so by talking bad about the flag or our country.