"
Just a year later in 1918, Eugene V. Debs, who was a leader of the Socialist Party in the United States, proffered a speech in Ohio that protested the United State's involvement in World War I. It was during this speech that Debs encouraged socialism and -- more to the point -- he specifically spoke very highly of Americans who had refused to serve in the military as well as praising those individuals who had prevented military recruiting.
The case was similar to that of Schenck v. United States (1919) in which Schenck was arrested and sentenced to 10 years in prison for distributing pamphlets that opposed the draft.
The 1st Amendment is there to protect individuals' freedom of speech and the 1st Amendment does, indeed, give individuals the right to put down certain elements that they might not like about they government or the military, for that matter. For example, they may talk about violence not being the answer or even advocate and teach non-violence; however, the scenario changes when individuals start to talk about using violent means in order to overthrow the government and discuss ways that they can interfere with the military and its duties. Just because the man in this scenario isn't speaking about specific plans or a timeframe in which to overthrow the government in the case that the United States didn't pull out of Iraq and Afghanistan doesn't mean that he is not inciting violence in the hearts of listeners.
Bibliography
DEBS v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 1
May 2012. http://www.oyez.org/cases/1901-1939/1918/1918_714.
GITLOW v. NEW YORK. Casebriefs, LLC. 1 May 2012.
http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-
to-chemerinsky/first-amendment-freedom-of-expression/gitlow-v-new-york/
Casebriefs LLC, "Gitlow v. New York," 2012, 1 May 2012 http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/first-amendment-freedom-of-expression/gitlow-v-new-york/2/
Oyez, "Debs v. United States," 2012, 1 May 2012 http://www.oyez.org/cases/1901-1939/1918/1918_714
Ibid.
Ibid.
Sample Source(s) Used
Bibliography
DEBS v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 1
May 2012. http://www.oyez.org/cases/1901-1939/1918/1918_714.
GITLOW v. NEW YORK. Casebriefs, LLC. 1 May 2012.
http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-
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