TITLE: Law and Legal Services at CitiMall.com Online Shopping Mall

Law Category: Prepaid Legal Services, Law , Legal, Attorney, Advice, Firm, Search, Attorneys, Lawyers, Power of Attorney, Durable, Forms

Shopping Mall: Law and Legal Services get attorney advice, search, law firm, legal law advice Forms, law, power of attorney, Legal service, Free legal Forms, legal advice, legal, aid, legal document, prepaid legal, help, information

Law Topics: Preapaid Legal Services, Law, Legal, Attorney, Advice, Law Firm, Search, attorneys, Legal Terms, Free legal documents, attorney, lawyer, lawyers, power of attorneys durable, forms

TOP 100 BEST BUY
Meta Search Engine
Baby Books Camera & Photo Classical Music Computer & Video Games Computers DVD Electronics
Kitchen & Housewares Software Magazines Tools & Hardware Outdoor Living Popular Music Toys & Games Videos
Shopping Mall

LAW

SHOPPING MALL > DEPARTMENT STORE > LAW > LEGAL > LEGAL SERVICES > PREPAID LEGAL SERVICES

Welcome to CitiMall.com Shopping Mall!

Our Shopping site features Law Information.

Featured Shopping Site:

Used Cars Used Car History

Offers auto consumer report and trader buying guide on new and used car products and services. Guide on AutoCheck used car history report, Kelley Blue Book, NADA and VIN number

Free VIN Check | VIN Number | AutoCheck | Kelley Blue Book | NADA
Find a lawyer! Legal Advice on ANY Situation!

More Prepaid Legal Services information on the following books:

1.
Books : The Pre-Paid Legal Story: The Story of One Man, His Company, and Its Mission to Provide Affordable Legal Protection for Everyone

2.
Books : Prepaid Legal Services and Legal Insurance : What CEOs, Human Resource Directors, Employee Benefit Brokers, Small Business and Home-based Business Owners Should Know!

Personal & Family members Legal Services

Business Legal Services

As a business owner, have you ever:

  • Signed a contract or document you hadn't fully read or understood?
  • Had difficulty collecting money from customers?
  • Wanted to have a resource for ANY business or legal question?
  • Got your questions answered by top quality attorney in your area. Watch Prepaid Legal Services Video online now!

Identity Theft

  • Prepaid Legal offers best Identity Theft protection - Identity Theft is a major problem in America, many people are looking for insurance againt identity theft. Learn about Credit Reports, Continuous Credit Monitoring, Identity Restoration with Restoration Reimbursement up to $25,000*.

Home Based Business Opportunity

Do you know someone who need legal services or attorney advice?

Prepaid Legal is Legal Services offered by Prepaid Legal Services, Inc.

Learn more information on Prepaid Legal and Identity Theft topics:

Shopping Links

Shopping Mall
TOP 100 BEST BUY
Meta Search Engine
Baby
Books
Camera & Photo
Classical Music
Computer & Video Games
Computers
DVD
Electronics
Kitchen & Housewares
Software
Magazines Subscriptions
Tools & Hardware
Outdoor Living
Popular Music
Toys & Games
Videos



Shop at Shopping Mall


SCHENCK v. UNITED STATES (1919)

Perhaps no Supreme Court justice has written a phrase better known by the American public than Oliver Wendell Holiness "shouting fire in a crowded theater" comment. The words were in the case Schenck v. United States, and the subject was freedom of speech.

Wars and insurrections tend to provoke panic in civilian populations; for instance, Lincoln's suspension of civil rights during the Civil War and the callous internment of Japanese-Americans in the wake of Pearl Harbor were measures taken as a result of waves of panic. World War I was no exception, and, in fact, unreasoned panic may have been more widespread and intense in 1917 and 1919 than it was in 1861 or 1941. A deep and prevailing suspicion by Americans of perceived enemies within—Germans, especially, but also anarchists and communists—existed in 1917 because it was not only the year of the United States' entry into the war, but also of the Bolshevik coup d'etat in Russia.

Congress enacted the Sedition Act of 1918, providing for the punishment of any attempt to impede the war effort. The postmaster general was given authority to ban offending publications, and certain issues of journals like The Saturday Evening Post and The New York Times fell under his authority.

The words of the Sedition Act were sweeping, making it illegal to "incite mutiny or insubordination in the ranks of the armed forces," to "disrupt or discourage recruiting or enlistment service, or utter, print, or publish disloyal, profane, scurrilous, or abusive language about the form of government, the Constitution, soldiers and sailors, flag, or uniform of the armed forces, or by word or act support or ravor the cause of the German Empire or its allies in the present war, or by word or act oppose the cause of the United States."

Under its terms, the government arrested Charles T.Schenck, the general secretary of the Philadelphia Socialist Party, who had mailed fifteen thousand pamphlets to men who had passed their draft physicals. The pamphlets depicted the war as a capitalist conspiracy, cited the Thirteenth Amendments prohibition ot involuntary servitude, and in passionate language urged the men not to submit to the draft, since that might lead them to combat in Europe, where they would have to shoot people who were simply defending their homelands. Schenck and his colleague, Elizabeth Baer, were arrested and round guilty. The case arrived at the U.S. Supreme Court and was decided in March 1919, while the war was still raging and the American Expeditionary Force was moving forces from the U.S. to Europe. The decision was written by Oliver Wendell Holmes, and remains one of his most important.

Holmes, for a unanimous Court, upheld Schencks conviction on the grounds that wartime circumstances justified the curtailment of First Amendment free speech rights. It was here that he wrote, "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." The right to freedom of speech and press are not absolute, he said: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic." But for Holmes, the wartime circumstances were such that merely intending to obstruct the draft without actually having any affect was enough to convict Schenck and Baer.

Later that year, one Jacob Abrams, along with some friends, all Russian immigrants, stood at an upper story window in a building at Second Avenue and Eighth Street in Manhattan tossing down pamphlets, some printed in Yiddish and others in English. The pamphlets railed against the intervention of five thousand American Marines dispatched to Vladivostok and Murmask in Russia to impede the revolution there, and umed a oeneral strike. After a flight across the rooftops, Abrams was caught, confined, and convicted of violating the Sedition Act. The war was still on, but in this case Holmes had a change of mind.

To convict these "poor and puny anonymities" involved in speech that created no real danger to national security did, in fact, violate the clear and present danger doctrine. The decision included the most widely quoted passage in all the annals of the history of American freedom of speech and press. Holmes penned:

Now nobody can suppose that the surreptitious publishing of a silly leaflet by an unknown man, without more, would present any immediate danger that its opinions would hinder the success of the government arms or have any appreciable tendency to do so. But . . . the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.

Justice

Legal Education

The Practice

Trial

Court

Landmark Cases

Media

Lawyer

Conclusion

LAW

SHOPPING MALL > DEPARTMENT STORE > LAW > LEGAL > LEGAL SERVICES > PREPAID LEGAL SERVICES

Alexa Toolbar

FREE Download Search Engine Toolbar software to STOP pop-up ads powered by CitiMall.com Shopping Mall, Alexa web site ranking monitor and Google Search Engine!

"Through our partnership with Amazon.com, we are offering an exclusive CitiMall.com Online Shopping Mall version of the award winning Alexa web site ranking free software powered by Google Search Engine Toolbar. With Google search engine toolbar you can search Amazon book and products, CitiMall Shopping Mall Price Comparison Shopping products, search the web, search web site information and related links using Google search engine, right from your toolbar. Google Search Engine Toolbar functions as pop up blocker, stopper and killer that stop annoying pop up ads)."


Copyright 2006 © CitiMall Shopping Mall. All rights reserved. Entertainment Book - VIN Number - Free VIN Check - Kelley Blue Book - Car Insurance - Car Warranty - Used Car History - NADA - Legal

TITLE: Law and Legal Services at CitiMall.com Online Shopping Mall

Law Category: Prepaid Legal Services, Law , Legal, Attorney, Advice, Firm, Search, Attorneys, Lawyers, Power of Attorney, Durable, Forms

Shopping Mall: Law and Legal Services get attorney advice, search, law firm, legal law advice Forms, law, power of attorney, Legal service, Free legal Forms, legal advice, legal, aid, legal document, prepaid legal, help, information

Law Topics: Preapaid Legal Services, Law, Legal, Attorney, Advice, Law Firm, Search, attorneys, Legal Terms, Free legal documents, attorney, lawyer, lawyers, power of attorneys durable, forms