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Schenck vs United States Explained in 5 Minutes: US History Review 

Hip Hughes
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Do you have an absolute right to free speech? The Supreme Court gives it 1919 answer.
Learn the basics about the must-know US History Supreme Court Case challenging the constitutionality of the Espionage Act. If you are in a US History course you best be knowing this case. Trust me.

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18 сен 2024

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Комментарии : 86   
@saran9407
@saran9407 7 лет назад
Bother you just explained something I was looking for 2 hours, Nicely done
@merona1546
@merona1546 4 года назад
I really wish I had teachers like you growing up. You are awesome. I'm graduating college this year but I know for a fact I will be continuing to watch your videos because they are so relevant and it is very important to stay informed especially during these unprecedented times. I'm officially a gangster for learning 🤣🤣
@ericromero1122
@ericromero1122 8 лет назад
Your videos have helped me pass my civil liberties tests so far! Thank you for your help!
@hiphughes
@hiphughes 8 лет назад
+eric romero thanks although I only provide the assist you're doing the hard work.
@davidharless9373
@davidharless9373 4 года назад
Thank you! A classmate mentioned Schenck v. US in a discussion post and I googled it, which led me here. You mentioned The Espionage Act of 1917 and referred to it as "The Baby Patriot Act." She had no idea I have a paper due in another Criminal Justice class and one of the topics is The Patriot Act. I'm using information from your video as my introduction to The Patriot Act! So, again, Thank you!
@mastercreepy5893
@mastercreepy5893 5 лет назад
Helped me with my AP US History class. Yayeeeeeeaa.
@kingbbxviii
@kingbbxviii 3 года назад
Mordecai ?
@tommyowens5138
@tommyowens5138 8 лет назад
came across your page, love the videos. Thank You, keep up the good work.
@hiphughes
@hiphughes 8 лет назад
+tommy owens thanks brother. Help spread the virtual word.
@paigepolson7427
@paigepolson7427 8 лет назад
You're awesome. Thanks for the laughter and education.
@KarenHernandez-us5mt
@KarenHernandez-us5mt 7 лет назад
Thank you for the short video, this really helped me understand the basic fundamentals of the case
@pa262626
@pa262626 7 лет назад
I really enjoyed the video hanks for making this and putting it out there .. People are quick to hate and not to thank. Please keep doing what you do!
@thomasbeck881
@thomasbeck881 9 лет назад
I think that the freedom of speech should be allowed during wartime.
@johnlockie
@johnlockie 8 лет назад
Dude.....awesome videos! Was sharing with my 6 year old about the death of Scalia and why it's so important. Trying to help her understand the role of Supreme Court, and your videos really helped.
@zivenposner1646
@zivenposner1646 6 лет назад
Great videos, it would be great if there was a podcast because then I could download them...
@brittanymarie9803
@brittanymarie9803 3 года назад
Literally my favorite channel to watch. Helps me truly understand history....I’ve passed all my exams by coming here. Without reading the book
@roberthrodebert9263
@roberthrodebert9263 8 лет назад
I fucking love this fucking channel!
@hiphughes
@hiphughes 8 лет назад
+Robert's Art Studio I freaking love this comment!
@goldwolf0606
@goldwolf0606 8 лет назад
+Keith Hughes (HipHughes) I freaking love this teacher!!! Lol... I didn't learn squat in high school. Learning so much more useful stuff on your channel man...Great music too!!!
@TimberlaneLacrosse
@TimberlaneLacrosse 3 года назад
Hip Hughes great lesson as usual. You have an open invitation to Zoom with my AP Gov. class anytime I just need to get permission from my boss!
@sebastiangagnon1838
@sebastiangagnon1838 8 лет назад
thanks man. You explain everything so well. Keep it up.
@jojoquigley7741
@jojoquigley7741 3 года назад
Is it legal to yell "theater" in a crowded firehouse ?
@nicholasrey6485
@nicholasrey6485 5 лет назад
The greatest court case! Thank you so much for explaining
@kaushikdr
@kaushikdr 5 лет назад
I am going to use this against the guys on my campus who keep talking about overthrowing the government!
@alwaysdisputin9930
@alwaysdisputin9930 6 лет назад
Great explanation. TY. To help me remember I made flashcards based on what u said: Question 1. In Schenck v US, the Supreme Court (aka SCOTUS) held: civil liberties aren't absolute especially [...] Answer 1: during war time Question 2. Schenck vs US established the [...] doctrine Answer 2: clear & present danger Question 3. The 1st Amendment says Congress shall make no law abridging [...] or the right of the people peaceably to assemble & to petition the Government for a redress of grievances Answer 3: the freedom of speech, or of the press; Question 4. The Espionage Act was enacted because [...] [...] were felt to pose a threat. Answer 4: German immigrants Question 5. Charles Shenck was a s[...] Answer 5: socialist Question 6. Hip Hughes refers to the [...] Act as the baby Patriot Act Answer 6: Espionage Question 7. Schenck said the draft was i[...] s[...] Answer 7: involuntary servitude Question 8: In Schenck v US, SCOTUS held: [...] [...] aren't absolute especially during war time Answer 8: civil liberties Question 9: Schenck encouraged the public to reject the draft. SCOTUS held: Schenck's actions are like [...] Answer 9: yelling fire in a movie theatre Question 10:. The 1st Amendment says [...] the freedom of speech, or of the press Answer 10: Congress shall make no law abridging Question 11: During WW1, [...] so Woodrow Wilson penned the Espionage Act Answer 11: German immigrants were felt to pose a threat Question 12: Schenck felt WW1 was a p[...] war Answer 12: puppet war (run by the capitalist "masters") Question 13: Hip Hughes refers to the Espionage Act as the [...] Patriot Act Answer 13: baby Question 14: The clear & present danger doctrine abridges [...] Answer 14: freedom of speech & the press Question 15: During WW1, German immigrants were felt to pose a threat so ...[which President] penned the Espionage Act Answer 15: Woodrow Wilson Question 16: Schenck felt WW1 was a puppet war run by [...] Answer 16: the capitalist "masters" Question 17: Hip Hughes refers to the Espionage Act as the baby [...] Act Answer 17: Patriot Question 18: Schenck said the [...] was involuntary servitude Answer 18: US draft for WW1 Question 19: SCOTUS held: civil liberties [...] especially during war time Answer 19: aren't absolute Question 20: Schenck encouraged the public to reject the draft. SCOTUS held: Schenck's actions are like yelling fire in a movie theatre. Schenck argued: [...] is a [...] Answer 20: there *is* a fire - our freedoms are being burnt up Question 21: Schenck said the draft was involuntary servitude & so the draft violates the [...] Amendment Answer 21: 13th Amendment Question 22: The clear & present danger doctrine says: if ur [...] Answer 22: speech causes a clear & present danger then it's lawful to censor it Question 23: During WW1, German immigrants were felt to pose a threat so Woodrow Wilson penned the [...] Act Answer 23: Espionage Question 24: During WW1, Charles [...] encouraged the public to reject the draft. He was arrested Answer: 24 Schenck Question 25: The [...] doctrine = if ur speech crosses the line & causes a imminent lack of safety then it's lawful to censor it Answer 25: clear & present danger Question 26: During WW1, Charles Schenck encouraged the public to reject the draft. He was arrested under the [...] Act Answer 26: Espionage
@rinahazan3018
@rinahazan3018 8 лет назад
I passed my CST's because of you, thank you forever grateful!!!!
@hiphughes
@hiphughes 8 лет назад
Rock On!!!!
@olivercampuzano4154
@olivercampuzano4154 5 лет назад
Eduardo lost his wrestling meet😂😂
@bran_5101
@bran_5101 6 лет назад
Yo ur Gonna save me for my speech tomorrow man thx. You really came in clutch
@anthonyschenck7076
@anthonyschenck7076 6 лет назад
thank you for the relative info though, much appreciated.
@brianpan
@brianpan 5 лет назад
What is the name of the song in the intro?
@lujainkaraki18
@lujainkaraki18 7 лет назад
thank you so much for doing this video man, it offers a good ton of help, I am an arabic girl in kuwait who is studying shouting fire by drshowitz and I couldn't understand anything until i watched this video
@npinero1
@npinero1 10 лет назад
Couldn't an argument be made about what constitutes "danger"? Given that you can't predict all outcomes in any given situation (e.g. fight or not fight) then how can you possibly know if joint the war effort is going to truly help or harm people? And if you are forced to involuntary servitude and you or friends and family are hurt or die what recourse do you have? Great video. These things make me ponder a bit. Thanks
@exmcgee1647
@exmcgee1647 5 месяцев назад
You do know Holmes backpedaled in Abrams right ? Also "Fire in a crowed theater" is dictum ; it is not a binding part of the opinion or even an apt analogy , rather it is an offhand remark within the opinion .the holding in Schenk crafted a "clear and present danger "doctrine , which was legal gymnastics based on a contrived threat and a falsely perceived necessity . We all learned about Schenk in law school and we all construed its utterly unconstitutional nature , as far as I'm concerned, it is as relevant as Plessy or Dredd Scott and almost as infamous .
@thekingsofawesome9907
@thekingsofawesome9907 4 года назад
Thanks, this helped me write my essay
@lallatp1
@lallatp1 10 лет назад
Love this and plan to use it with my class tomorrow, BUT I sure wish you hadn't said WTH. It will be fun to make sure I hit pause at 4:17 for every class...just FYI. Thanks for an otherwise great video.
@hyojinlee
@hyojinlee 3 года назад
Thank you so much for this video :)
@tanmanfilm
@tanmanfilm 10 лет назад
Schenck got shanked.
@anthonyschenck7076
@anthonyschenck7076 6 лет назад
not correct pronunciation.
@gogogu5273
@gogogu5273 10 лет назад
I have to say,,,, I love the way when you are doing crazy review ban ban ban ban ! and i got it down ... thank you ! Very Very Much !
@kght222
@kght222 10 лет назад
the both is that you get 30 years and might be executed at the end, the idea is basically that you still have a chance at a pardon, but at the time the judge/jury is in favor of execution. it is for cases like snowden and manning, popular opinion may be in their favor but by the letter of the law they might get killed. manning of course just got the years, and he might yet get pardoned, snowden would likely get just the years, and of course might also get a pardon. if you just apply death to a case like that though the appeals process might not last long enough to get a pardon before execution.
@adamlucas4009
@adamlucas4009 10 лет назад
Quick Question, I'm presenting this case for an APGOV. class, why was he only given 6 months in prison if he was found in violation of the Espionage Act, which was punishable by 30 years or death?....or both?
@hiphughes
@hiphughes 10 лет назад
I am pretty sure he was convicted of only violating section 3 of the Espionage Act. The first section is the more serious, aiding the enemy language. He basically was convicted of interfering with the war machine. And I think he received three guilty counts of ten years each. Perhaps they were served consecutively. Good luck on your presentation! ~HipHughes
@adamlucas4009
@adamlucas4009 10 лет назад
oh okay, thanks!
@chris.pbacon440
@chris.pbacon440 2 года назад
Don't you think it's work mentioning that the decision was overturned?
@StanMarsh1
@StanMarsh1 10 лет назад
Of course there are going to be limits to your rights, each right we possess crosses every other right at some point. The best anyone can do is try to find the point they intersect and say this is where the limit is, in order to infringe on them as little as possible.
@hiphughes
@hiphughes 10 лет назад
spot on
@hiwayM9
@hiwayM9 10 лет назад
This is one of the SCOTUS decisions I have always had mixed emotions about, and have difficulty sticking to either side of the argument- Schenck 's points would be valid to me if not for the manipulation it renders on the public- then again, if we had an informed public, then clear and present danger would need defining.
@hiphughes
@hiphughes 10 лет назад
It is defining clear and present danger which becomes the "rub". Schenck was clearly not aiding the Germans or intentionally interfering with the war effort. He was merely exercising his Constitutional rights. But even if we pretend he had malice in mind, could his 15k pieces of Socialistic petitioning pamphlets really constitute a clear and present danger. All this talk gives me historical warm fuzzies.
@hiwayM9
@hiwayM9 10 лет назад
Keith Hughes Schenck's intentions were just I feel- but those that would manipulate his decision if he would have won, here in modern times, would be filling the airwaves with propaganda based on untruths and hiding behind that. Of course the media actually had ethics then compared to today, (subjectively speaking) which makes the decision easier to understand but no less savory.
@hiwayM9
@hiwayM9 10 лет назад
Oh- and I meant to say "Not" need defining in the original post... my typing hand is having digit farts in time with the brain farts.
@christopherhubbard4422
@christopherhubbard4422 7 лет назад
I'm sure glad there isn't an of that propaganda floating around. ;)
@kaushikdr
@kaushikdr 5 лет назад
Okay, if you can't talk about things in a way that creates "clear and present danger" why are riots allowed? I feel like those can be pretty disrupting and dangerous (for the cars nearby?!)
@JosueGonzalez-cz3vp
@JosueGonzalez-cz3vp 7 лет назад
my teacher told me to mark all the key events, yeah I had to write almost everything you said, (yea ill site the sources lol) thanks a lot
@walterdennisclark
@walterdennisclark 10 лет назад
Hip, Please comment on the precedent that precedents don't have to be used; that this decision was not used to silence draft protestors in the 60s. This phenomenon of not using precedent is a tough one for us libertarians because it undermines the notion of slippery slope. Yet there are examples of precedent building on precedent. The most objectionable being the Commerce Clause; since 1933 when the word commerce was changed in meaning to include business, not just commerce. (In the 18th Century commerce meant trade not business.)
@hiphughes
@hiphughes 10 лет назад
I was tempted to go into Holmes dissent in Abrams v US which shows this idea of redefining precedent. Specifically the clear and present danger precedent has been interpreted to mean imminent danger. But agreed, knowing the basic of judicial review and revision to precedent and in some cased the changing of precedent are crucial for any court study. Thanks for your wise words, internet peep. Honestly I am trying to keep the time sane.
@mayraayala3887
@mayraayala3887 4 года назад
Someone help me creat an essay on this subject!!! Pliiiizzzzzzzzzzz
@watchingponies
@watchingponies 10 лет назад
It is interesting to know why the U.S. gave up its neutrality (like my country was/stayed neutral. Holland, or The Netherlands. Anyway, where the Dutch people live) in WW1. Unrestricted submarine warfare (and the Germans were scared as hell that the US would join the Allied !), the Zimmerman telegram (look it up, it sounds pretty 'funny' nowadays), the support for the Allied by giving them weapons/ammunition (making a lot of $$, and losing those $$ by an Allied defeat..). Wilson really wanted to stay out of the war, but somewhere someway got involved anyway.. In the end you can pretty much say the US ended this horrific (!) war. Where are the limits for Free Speech, which is not absolute indeed. Interesting and important, especially in these 'after-9/11-days'. Perhaps Schenck had to bring it in a different/smarter way ? Instead of this 'fire in the theater' ? Sorry for my Dutchy English.
@bishopofapples
@bishopofapples 10 лет назад
I have often wondered how/why the Dutch stayed neutral in WWI (mostly how). Do you think the Dutch may have stayed out of the war because Queen Wilhelmina was pretty nervous about the prospects of getting involved in the conflict and not losing her crown? Seems like the Dutch saw a mess and wanted to stay out of it. And, yer Engles zijn yar ausgezeichnet!
@watchingponies
@watchingponies 10 лет назад
bishopofapples Thank you ! I've been taught it had to do with the opening in 1913 of the Peace Palace (Vredespaleis) in The Hague. The International Court of Justice. My country was in the believe that with this court, differences between nations would be solved there, instead of war (pretty cute, naive, but a noble thought). I think we also wouldn't stand a chance against Germany, just like in WW2. The nations at war all respected Dutch neutrality, even the Germans. 'We' went far in this neutrality. Dutch cargo ships were torpedoed, and the Brittish accidentally bomb a city in the south, Zierikzee, and 'we' didn't do anything (aww..). My country was a safe haven for people who had fled the war. Brittish soldiers, Belgian citizens. Even the fleeing German Emporer Wilhelm found a safe haven and lived in Holland for many years... Queen Wilhelmina was a force in this neutrality. A Dutch General was against, which caused friction in our politics. Ministers wanted to kick the General his booty. But he found a friend in the Queen. We digress, very interesting tho. Thanks for the question.
@bishopofapples
@bishopofapples 10 лет назад
Does 'Vredes' only translate to 'peace"? I like your point about the Dutch being very pro-international law (ICJ and all), and with a bit more of a 'little guy' (no offense meant) perspective in international law (anti-might equals right).
@watchingponies
@watchingponies 10 лет назад
bishopofapples Yes, vrede means peace !
@alwaysdisputin9930
@alwaysdisputin9930 6 лет назад
maybe Queen Wilhelmina was like "thousands of men walking towards machine guns - that's dumb AF - no we're not doing that"
@TimberlaneLacrosse
@TimberlaneLacrosse 2 года назад
We are no longer Zooming if you even care but you can still HMU
@Jackthaniel
@Jackthaniel 6 лет назад
Its like a lawyer that has tourretes
@ironlockdownunknown272
@ironlockdownunknown272 2 года назад
Got any thing on traveling
@AmateurArson
@AmateurArson 4 года назад
I wish you could be my AP GOv teacher
@MidwestPRS
@MidwestPRS 3 года назад
Pronounced SKANK...Not shank
@tonywatson8959
@tonywatson8959 7 лет назад
Hey! Can you talk a little slower in your videos? it's a little hard to keep up. Great video :D
@samantha-yg9jt
@samantha-yg9jt 3 года назад
i feel like i owe this man my life for the amount of times he saved my grades
@hiphughes
@hiphughes 3 года назад
I think you'll more credit for taking the initiative to watch them, pay attention to them and then apply them. I'd say you're #WinningTheGame. I don't mind taking the assist though.
@samantha-yg9jt
@samantha-yg9jt 3 года назад
@@hiphughes ☺️☺️
@GriffinCole69
@GriffinCole69 3 года назад
YOU KNOW I WILL SUBSCRIBE
@hiphughes
@hiphughes 3 года назад
I've known for years you would, I've been waiting patiently for you
@goodie2shoes874
@goodie2shoes874 6 лет назад
how many times does he blink
@M3RCx
@M3RCx 8 лет назад
Wasn't it 1919?
@anthonybulk5383
@anthonybulk5383 3 года назад
So hip!!
@anthonyschenck7076
@anthonyschenck7076 6 лет назад
My name is Anthony Schenck and you are not pronouncing my familys name correctly. It is pronounced SKINK, like the lizard. If your going to state the facts, atleast now how to pronounce the relating facts correctly.
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