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The scenario below describes an event during World War 1:
"A Socialist Party member distributed pamphlets stating: "The
Socialist Party says that...officers of the law ... violate the ... United
States Constitution, the Supreme Law of the Land, when they
refuse to recognize your right to assert your opposition to the
draft." The Socialist Party member was arrested and convicted for
distributing these pamphlets. The Socialist Party member
appealed his arrest and conviction to the U.S. Supreme Court
which upheld the government's actions."
What long term precedent was established by this U.S. Suprdone
Court decision?
First Amendment rights are protected but not unlimited.
Tenth Amendment rights are protected but not unlimited.
Selective service is constitutional.
Party membership is unconstitutional.

Sagot :

Parrain

Answer: First Amendment rights are protected but not unlimited.

Explanation:

Eugene Victor "Gene" Debs was convicted under the Sedition Act of 1918 under President Wilson after he criticized the war draft. He appealed to the Supreme Court which found that although the Constitution guarantees the freedom of speech in the First Amendment, the right was not absolute if it was judged to impede on the welfare of the nation.

This became a long term precedent that has been used by the Executive branch to ensure compliance with certain directives and protect certain information from the public sphere.

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