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Essay text:
A writ of limited certiorari was granted by the Supreme Court.
Issues:
1.)Are sec. 2 and 3 of the Smith Act violates the First Amendment and other provisions of the Bill of Rights?
2.)Are the rights to advocate the overthrow of the government protected by the First and Fifth Amendments?
Holdings: The convictions are affirmed because the court ruled that the Smith Act was constitutional and that the governments' right to self-preservation at times overrules the rights granted by the Bill of Rights.
Analysis of Majority Opinion: Shenck vs. United States 249 U.S. 47 (1919) created the precedent allowing for the right of freedom of speech to be violated when there is a "clear and present danger" to the government...
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