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Congress Shall Make No Law

by Jeremy Cohen

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📖 The Scoop

Explains the judicial process that shapes the application of the First Amendment. Using the U.S. Supreme Court case Schenck v. United States, it traces how Justice Oliver Wendell Holmes first used the "clear and present danger" test comparing dangerous speecg to "shouting fire in a theater and causing a panic." This book challenges the accepted wisdom that Schenck was decided on First Amendment grounds, but was instead an interpretation by justices compelled by tradition and teaching to give deference to Congress's 1917 Espionage Act and 1918 Sedition Amendment. This book provides a new, important understanding of the relation of the judicial process and the real meaning of the First Amendment. -- Publisher description.

Genre: Biography & Autobiography / Lawyers & Judges (fancy, right?)

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