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I decided to finally cover this case when I saw a lot of bad takes and misinformation about the First Amendment on social media (I know, I know, I really ought to stay off there). This is one of the most important First Amendment Supreme Court cases in American history, and the one which gave us the trope "you can't yell fire in a crowded theater." 

Let me know what other landmark decisions you'd like me to cover for this series. There are (unbelievably) many that I still have yet to get to!

Thank you for your continued support with making these videos!

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When Can Speech Be Banned? | Schenck v. United States

Try out Atlas VPN's 3-year offer with a 82% discount: http://atlasv.pn/MrBeat. Doing so also greatly supports my channel. In episode 68 of Supreme Court Briefs, a Socialist Party leader distributes thousands of pamphlets encouraging young men to resist getting drafted to fight in World War One, but apparently that's illegal for real. Produced by Matt Beat. All images/video by Matt Beat, found in the public domain, or used under fair use guidelines. Music by @bad snacks. Mr. Beat's Supreme Court Briefs playlist: https://youtube.com/playlist?list=PLHtE7NbaKRef-x3QBDpwvJsr6i1Z3I6TN Check out cool primary sources here: https://www.oyez.org/cases/1900-1940/249us47 Other sources used: https://www.mtsu.edu/first-amendment/article/193/schenck-v-united-states https://en.wikipedia.org/wiki/Schenck_v._United_States https://www.law.cornell.edu/supremecourt/text/249/47 http://landmarkcases.c-span.org/Case/5/Schenck-v-United-StatesTom http://www.trinityhistory.org/AH/pdfs/Schenck%20Case.pdf https://www.freedomforuminstitute.org/2019/11/27/women-defendants-contributed-mightily-to-first-amendment-jurisprudence/ #supremecourtbriefs #supremecourt #apgovt For business inquiries or to send snail mail to Mr. Beat: https://www.iammrbeat.com/contact.html https://www.youtube.com/c/iammrbeat/about Buy Mr. Beat merch: https://matt-beat-shop.fourthwall.com/ https://www.bonfire.com/store/mr-beat/ https://sfsf.shop/support-mrbeat/ Buy Mr. Beat's book: https://amzn.to/386g7cz How to support Mr. Beat: Donate to Mr. Beat for great perks on Patreon: https://www.patreon.com/iammrbeat Donate to Mr. Beat on Paypal: https://www.paypal.me/mrbeat Buy Mr. Beat a coffee: https://ko-fi.com/iammrbeat “Free” ways to show support: Subscribe to my channel Turn on notifications Like, share, and comment on my videos Connect: Mr. Beat on Cameo, yo: https://www.cameo.com/iammrbeat?qid=1... Mr. Beat on Reddit: https://www.reddit.com/r/mrbeat/ Mr. Beat on Twitter: https://twitter.com/beatmastermatt Mr. Beat on Facebook: https://www.facebook.com/iammrbeat/ Mr. Beat on Instagram: https://www.instagram.com/iammrbeat Mr. Beat's Discord server: https://discord.gg/g8cZPjt Mr. Beat's TikTok: https://www.tiktok.com/@iammrbeat?lan... Mr. Beat’s website: https://www.iammrbeat.com/ Mr. Beat's band: http://electricneedleroom.net/ Mr. Beat’s second channel: https://www.youtube.com/channel/UCJYl... Listen on Spotify: https://open.spotify.com/artist/62BsM... Mr. Beat favorites: POP! Icons: George Washington https://go.magik.ly/ml/11jrb/ Shampoo: https://rb.gy/vlqeym Acne fighter: https://rb.gy/a6dnb0 Wallet: https://shop.ekster.com/mr-beat2 Recommended books: Republic, Lost by Lawrence Lessing https://go.magik.ly/ml/11jul/ Truman by David McCullough https://go.magik.ly/ml/11jwc/ How the States Got Their Shapes by Mark Stein https://go.magik.ly/ml/1fdvf/ Command and Control by Eric Scholosser https://go.magik.ly/ml/1fdvi/ The Age of Fracture by Daniel Rodgers https://go.magik.ly/ml/1fdvn/ Blowback by Chalmers Johnson https://go.magik.ly/ml/1fdvw/ The Third Reich at War by Richard Evans https://go.magik.ly/ml/1fdvt/ Railroaded by Richard White https://go.magik.ly/ml/1fdwq/ The War on Normal People by Andrew Yang https://go.magik.ly/ml/1fdwi/ A Short History of Reconstruction by Eric Foner https://go.magik.ly/ml/1fdwk/ The Righteous Mind by Jonathan Haidt https://go.magik.ly/ml/1fdwn/ Studio equipment: Canon EOS M50 Camera EF-M 15-45mm Lens https://amzn.to/3dcNPen Samtian LED Video Light Kit https://amzn.to/3llDwHO TroyStudio Acoustic Panel https://amzn.to/33CkqHn Blue Snowball iCE USB Mic https://amzn.to/2GseOHa Affiliate Links: Useful Charts: https://usefulcharts.com/?aff=12 Typesy: https://ereflect.postaffiliatepro.com... Kids Connect: https://kidskonnect.com/?ref=iammrbeat Ekster: https://ekster.com?sca_ref=444709.jvl... I use MagicLinks for all my ready-to-shop product links. Check it out here: https://www.magiclinks.com/rewards/re... FTC Disclosure: This post or video contains affiliate links, which means I may receive a commission for purchases made through my links. Philadelphia, Pennsylvania, 1917 Charles Schenck, the general secretary of the Socialist Party, prints and mails more than 15,000 copies of pamphlets to men drafted into the military to fight in World War One. Drafted meaning that, under the Selective Service Act, they HAD to enlist, whether they wanted to or not. So what did these pamphlets say? Well basically, resist the draft. The pamphlet said the draft was basically no different than slavery, which of course goes against the Thirteenth Amendment, ya know. It’s worth noting that Schenck, and generally the entire Socialist Party, was STRONGLY against the war, claiming it was only being fought to benefit Wall Street investors who would make money from selling stuff to the military. As it turns out, by distributing these pamphlets, Schenck was breaking the Espionage Act.

Comments

Naterade

You have freedom of speech, but then again some people can’t seem to understand that your speech has consequences .Sometimes good and sometimes bad. Some speech is pretty black and white, others might be more nuanced. Context, language, reasoning, etc all come into play with one’s speech. All speech is judged whether we like it or not.

Naterade

And if your speech potentially harms an individual or group you can’t expect to not be held legally liable in some cases e.g yelling fire in a movie theater and causing a panic where someone could be hurt, threatening an individual or group, otherwise there would be no order in society.

Matt Beat

Just got this. I agree. This is why the courts are so important. It has to be a case by case basis.