Question

In ___, the defendant was convicted of interfering with the draft during wartime and of urging insubordination in the military. A: People v. Madness. B: RAV v. St. Paul. C: Schenck v. United States. D: Hatch v. Superior Court.

Answer 1

In Schenck v. United States, the defendant, Charles Schenck, was convicted of interfering with the draft during wartime and advocating for insubordination. The case marked an important moment for First Amendment rights, particularly the conditions under which these rights can be limited.

Step-by-step explanation:

The case where the defendant was convicted of interfering with the draft during wartime and of urging insubordination in the military was Schenck v. United States.

This case involved Charles Schenck, a leader of the Socialist Party of Philadelphia. He was charged and convicted for distributing leaflets that encouraged young men to dodge the draft. The Supreme Court held that in times of war, the federal government was justified in suppressing such dissent, thereby invoking the "clear and present danger" argument to limit free speech rights under the First Amendment.

This case established a significant precedent regarding limits on free speech, particularly during times of war and national crisis.

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