– “The state’s determination [to pass an Act that prohibits speech because it allegedly endangers the public peace and the security of the state] is given great weight [by the court].” Why does the US Sup. Ct. here give more deference—“great weight”–to the Crim Synd Act than it had the Espionage Act. Because the Espionage Act proscribed acts, not speech; speech became relevant only because the prosecution claimed that the speech constituted an attempt, or conspiracy, to bring about the forbidden act. But the Crim Synd Act was a statute that directly forbade certain types of speech, and thus was given judicial deference presumably because the legislature contemplated the effect on speech with the Act more than it did with the Espionage Act.
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Supreme Court Cases and are similar to Why does Dave say that the Bad Tendencies” test is consistent with Debs, Frohwerk, and Schenck?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.