- Subject index
Acclaimed by researchers, students, and general readers, this informative, lively, and easy-to-use volume fills the public need for information about key recent and historical cases before the U.S. Supreme Court. Now significantly updated, this new edition includes all the new major cases-over twenty five in total-handed down by the Court since the first edition was published in 2000. The new entries include many high-profile cases that have stirred public controversy, including: Boy Scouts of America v. Dale (2000), granting the right to exclude homosexuals from leadership positions in the Boy Scouts; Bush v. Gore (2000), ceasing ballot recounts in the 2000 presidential election; PGA Tour v. Martin (2001), obliging the PGA to accommodate a disabled golfer; Lawrence v. Texas (2003), stating that a law criminalizing same-sex sodomy violates due process; Gratz/Grutter v. Bollinger (2003), stating that an affirmative action program to achieve diversity in universities may or may not violate the equal protection clause, depending on how it's implemented. In each of the over 100 cases summarized, author Tony Mauro succinctly describes the decision, provides background and facts of the case, the vote and highlights of the decision with verbatim excerpts, and, in conclusion, discusses the long-term impact of the decision on United States citizens and U.S. society. Topic search aids let readers easily trace the evolution and impact of rulings in particular issue areas. Added features also enhance the volume, including many new portraits, political cartoons, and drawings, a comprehensive bibliography and an easy-to-access case/subject index. A perfect starting point for research on Supreme Court decisions, this newly updated volume is an essential addition to every public, high school, and college library.
Schenck v. United States
Decided March 3, 1919
249 U.S. 47
The Espionage Act of 1917, which bars acts of insubordination and interference with military recruitment, is constitutional, even when it is used to punish speech that would be permissi ble in times of peace. The First Amendment is not absolute, and freedom of speech may be restricted when the expression poses a “clear and present danger” to values that Congress is entitled to protect.
Before the declaration of war in 1917, the idea of sending U.S. troops to fight the Germans and save the British was not popular with the American people. However, once Congress declared war, there was considerable pressure to stifle dissent about the war. Elihu Root, one of President Woodrow Wilson's ...