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The NIH goes over the top

The NIH goes over the top
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David Adler: Holmes defense of freedom of speech | Columnists

David Adler: Holmes defense of freedom of speech | Columnists
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David Adler: Holmes defense of freedom of speech | Columnists

Justice Oliver Wendell Holmes’ invention in 1919, in Schenck v. United States, of the Clear and Present Danger Test, provided little protection for dissenters who opposed America’s role in World War I. Charles Schenck went to prison for encouraging draft resisters. A newspaper publisher was sentenced to prison for publishing anti-draft articles. Eugene Debs, the famous labor organizer, was sent to prison for 10 years for a speech in which he praised those who resisted the draft. As one prominent constitutional scholar, Harry Kalven, observed, “It is somewhat as though George McGovern had been sent to prison for his criticism of the Vietnam War.”

Dissenting speech v national security claims

Dissenting speech v. national security claims David Adler The question of governmental authority to punish speech in the name of national security came before the Supreme Court for the first time in 1919 in Schenck v. United States, resulting in the court’s first major ruling on the scope of freedom of speech. Schenck involved criticism of America’s entry into the First World War and confronted Americans with a dilemma: Does the Free Speech Clause protect the right to criticize the government in its conduct of war? Schenck was a Russian émigré who supported the Russian Revolution that overthrew the Czar and was provoked by the decision of the U.S. to dispatch an expeditionary force to Russia in its conduct of World War l. Schenck couldn’t stand idly by and watch America undermine the Revolution.

David Adler: Dissenting speech v national security claims

David Adler: Dissenting speech v national security claims
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