Test on Article#1 Charles Schenck and the Espionage Act

Under which act was Schenck prosecuted?

• Sedition Act of 1918

• Alien and Sedition Acts

• Espionage Act of 1917

• Patriot Act

What did Schenck's circulars urge potential draftees to do?

• Support the war effort

• Assert their rights

• Join the military

• Ignore the draft

What was the main argument in Schenck's appeal?

• The statute violated the Second Amendment

• The statute was at odds with the First Amendment

• The statute was outdated

• The statute was unfairly applied

What test did the Court use for the first time in Schenck's case?

• Bad-tendency test

• Clear and present danger test

• Rational basis test

• Strict scrutiny test

Who wrote the opinion in Schenck's case?

• Justice Holmes

• Justice Marshall

• Justice Scalia

• Justice Ginsburg

What did the bad-tendency test not support according to the document?

• Free speech claims

• Government censorship

• Military recruitment

• Public safety

Who wrote the opinions in the cases Schenck v. United States and Debs v. United States?

• Holmes

• Brandeis

• McReynolds

• Clarke

What did the document claim about the conscription act?

• It was a form of despotism

• It was beneficial for the economy

• It was supported by the majority

• It was a temporary measure

What did the document describe the arguments on the other side as?

• Cunning politicians

• Honest citizens

• Military experts

• Legal scholars

What is the doctrine of constructive intent related to?

• The intent of the defendant to cause violence

• The intent of the defendant to promote peace

• The intent of the defendant to support the government

• The intent of the defendant to avoid conflict