The Supreme Court on Anti-War Protests
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This paper examines several cases on anti-war protest and freedom of speech in American law. The paper focuses on "Abrams v. United States" and "Schenck v. United States" to demonstrate how they gave the government more rights over citizens and their First Amendment rights under the law. The paper asserts that First Amendment rights are under a very dangerous set of rulings that threaten what America should stand for.
From the Paper:"In this manner, we can see ambiguity in the lack of rights for the defendant, as he literally was denied his right to "free speech". In this manner, the word of law was used to set a double standard, forbidding Abrams his right to protest the war. There is a direct irony in a country that seeks to proclaim free speech, but invariably prevents it. In the recent case for allowing protesters to march to the United Nations in civil disobedience to the Iraq War, we find that:
""A federal appeals court agreed yesterday that the city is not violating the First Amendment by banning anti-war demonstrators from marching near the United Nations this weekend." (Associated Press 2003)
"This shows little prudence in the paradox of law in American courts, as they directly seek to stop protest by these direct violations of their ethos in providing freedom for citizens that wish to fulfill their First Amendment rights. In the sermonic appraisal of the Abrams case, we can see how Justice Holmes responds in limiting free speech."
Cite this Analytical Essay:
The Supreme Court on Anti-War Protests (2003, October 29) Retrieved September 18, 2019, from https://www.academon.com/analytical-essay/the-supreme-court-on-anti-war-protests-42916/
"The Supreme Court on Anti-War Protests" 29 October 2003. Web. 18 September. 2019. <https://www.academon.com/analytical-essay/the-supreme-court-on-anti-war-protests-42916/>