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Schenck v. United States
Nov 14, 2023
This podcast explores the Supreme Court case Schenck v. United States and its impact on free speech during World War I. It delves into the background of the Espionage Act and the prosecution of socialists distributing anti-draft flyers, examining the implications for free speech and protest today. The podcast also addresses recent attacks by Iran-backed forces, the branding of Palestine activists as endorsers of terrorism, and the suppression of pro-Palestine speech. It discusses the significance of the First Amendment in protecting politically objectionable speech and the chilling effect of punishment on speech and activism.
54:18
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Quick takeaways
- The Supreme Court's unanimous decision in Schenck v. United States set a precedent for restricting speech during wartime, limiting free speech rights, especially for anti-war activists.
- The suppression of pro-Palestinian speech involves both government actions and private actors, such as the ADL and media outlets, leading to surveillance, punishment, and cultural suppression, ultimately stifling freedom of expression and dissent.
Deep dives
Shank v United States: The Impact on Free Speech During Wartime
Shank v United States, a seminal case from 1919, explored the limits of free speech during wartime. The case involved socialists who distributed flyers encouraging resistance to the draft during World War I. The Supreme Court, in a unanimous decision, claimed that speech during wartime could be restricted and denied First Amendment protection. This ruling set a precedent for subsequent cases that limited free speech, especially for anti-war activists. While Shank has undergone reinterpretation over time, the case exposes the ongoing tension between individual speech rights and the government's interest in waging war effectively.
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