Give three examples of past incidents regarding First Amendment rights that reflect its uneven application throughout American history.
What will be an ideal response?
In Schenck v. United States (1919), Justice Holmes found the defendant guilty of inciting antiwar sentiments. Given modern redefinitions of the clear and present danger test used to determine if speech falls within constitutional protection, it is unlikely that the conduct and speech in this case would be considered criminal by the Supreme Court today. In 1912, feminist Margaret Sanger was arrested for giving a lecture on birth control. During the 19th and 20th centuries, meetings held by trade unions were banned, and persons violating court orders prohibiting strikes and labor protests were sentenced to prison. During World War I, individuals peacefully protesting American involvement in the war were jailed for expressing their opinion. The display of red or black flags, which are symbols of communism and anarchism, was outlawed in many states in the early 1920s. Author Upton Sinclair was arrested in 1923 for attempting to read the text of the First Amendment at a union rally.
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