In the 21^st century these words were used by the United States to validate the war in Iraq and the liquidation of the Taliban in Afghanistan.

In the 20^th Century this phrase was coined by The Supreme Court of the

United States of America

WHY?

Schenck v.United States A Web Quest

1919 By Judith Rock Walton H.S.

Introduction

During World War I, when the United States was at war with Germany, Congress passed the Espionage Act, outlawing any attempt to foster insubordination or obstruct the draft. Charles Schenck, general secretary of the Socialist Party, was arrested for conspiring to print and circulate leaflets that would obstruct and hold up the enlistment service of the United States. Schenck argued that the Espionage Act violated his rights to freedom of press and speech.

Let us put this explanation in other words. Charles Schenck, general secretary of the Socialist Party, printed and distributed leaflets that spoke against the draft. (Handout) In the leaflet Schenck says, “Are you with the forces of liberty and light or war and darkness?”

The Task

You will gather information to complete a worksheet. You will use the references and resources provided to find information on the first amendment.

In addition to this, you will use the TIPS website: http://ww.maxwell.syr.edu/plegal/scales/schenckprec.html.

The Process

Go to the Tips website and read and complete the analysis of the case. Mr. Schenck believed that rights given to him in the First Amendment allowed him to print and distribute these leaflets. Therefore you must also research the first amendment. When you have gathered all this information, you will be prepared to complete the attached work sheet.

This cartoon will help to remind you of the relevant facts of the case.

Schenck v. U.S.: Visual

The Decision

The decision of the Supreme Court, which was unanimous, held that leaflets urging young men to resist the military draft in a time of war were not protected by the First Amendment. Justice Holmes found that speech is not protected when the words used –or the situation in which they are used—create a clear and present danger that “they will bring about the evils that Congress has a right to prevent”. Justice Holmes went on to say, “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic”.

Resources

Google.com

http://www.maxwell.syr.edu/plegal/tips

http://edsolution.com/myclassroom/classnotes/billofrights/scenk.htm

http://www.maxwell.syr.edu/plegal/scales/schenckprec.html

http://www.law.cornell.edu/constitution/constitution/table.html

Evaluation

5 Points…..

1. Shows a thorough understanding of the topic

2. Addresses all aspects of the tasks

3. Shows ability to evaluate and analyze issues

4. Supports topic with relevant facts

4 Points…..

1. Presents a good understanding of the topic

2. Addresses all aspects of the task

3. Shows some ability to evaluate and analyze issues

4. Supports topic with some relevant facts.

3 Points…..

1. Presents a satisfactory understanding of the topic

2. Addresses most aspects of the tasks

3. Able to analyze issues, but not in depth

4. Uses some relevant facts but not well organized

2 Points…..

1. Attempts to address topic, but uses vague and/or inaccurate language

2. Uses few facts, examples or details.

3. Does not present an acceptable article

Conclusion

By completing this web quest on Schenck v. United States you have sharpened your computer skills and discovered that the computer is a wonderful machine that allows you to retrieve a wealth of information. However, you have also learned that you must sort your findings.

You will have an understanding of where the phrase “clear and present danger” originated from.

You will have prepared yourself with information that you will be able to use to answer questions on the New York State Exams on American History.

Standards

Social Studies

Standard 1: History of the United States and New York

Students will use a variety of intellectual skills to demonstrate

their understanding of major ideas, eras, themes, developments,

and turning points in the history of the United States and New

York.

Standard 5: Civics, Citizenship, and Government

Students will use a variety of intellectual skills to demonstrate

their understanding of the necessity for establishing governments;

the governmental system of the United States and other nations;

the United States Constitution; the basic civic values of American

constitutional democracy; and the roles, rights, and

responsibilities of citizenship, including avenues of participation

ELA STANDARD 2

Students will read, write, listen, and speak for literary response and expression.

ELA STANDARD 4

Students will read and listen to oral, written and electronically produced texts and performances, relate texts and performances to their own lives, and develop an understanding of the diverse social, historical, and cultural dimensions the texts and performances represent. As speakers and writers, students will use oral and written language for self-expression and artistic creation.

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UNITED STATES SUPREME COURT CASES AND THEIR ISSUES

WORK SHEET SCHENCK V. UNITED STATES

Name________________________ Date_______________

State the issue in your own words.

__________________________________________________________________________________
__________________________________________________________________________________

What freedoms are mentioned in the First Amendment?

State the decision of the Supreme Court in this case.

State one effect this decision had on the American Society.

In your own words, would you agree or disagree with the Supreme Court Decision?

Each question is worth 5 points. A total of 25 points will be scaled into 100.

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