which of the constitutional provisions is at issue in schenck v. united states

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Answer 1

The constitutional provision at issue in Schenck v. United States was the First Amendment, specifically the freedom of speech.

In Schenck v. United States case, the Supreme Court was tasked with determining whether Schenck's actions of distributing anti-war leaflets during World War I violated the Espionage Act of 1917 and, if so, whether that violated his First Amendment rights.

The Court ultimately ruled that Schenck's actions did violate the Espionage Act and that the First Amendment did not protect him in this instance. The Court held that the freedom of speech is not absolute and can be limited in times of war or when it presents a "clear and present danger" to the nation's security.

Hence, the constitutional provision at issue in Schenck v. United States was the First Amendment's freedom of speech, and the Court's ruling established the "clear and present danger" test for limiting that freedom in certain circumstances.

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Related Questions

what term is used to describe an employment practice that lacks discriminatory content but still leads to discrimination?

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Disparate Impact is used to describe an employment practice that lacks discriminatory content but still leads to discrimination.

Disparate impact is a form of discrimination that occurs when an employment practice, though seemingly neutral, disproportionately affects members of a protected class, such as race, color, gender, national origin, disability, religion, or age.

While the practice itself may not be explicitly discriminatory, it has the effect of disadvantaging members of a protected class. Disparate impact can also be found in other areas such as education, housing, and lending.

It occurs when a seemingly neutral policy or practice disproportionately affects a protected class, such as race, sex, or age. This type of discrimination is prohibited under Title VII of the Civil Rights Act of 1964, which states that it is unlawful for employers to make decisions that have a “disparate impact” on a protected class.

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what are the pros and cons of predictive policing

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In order to spot probable criminal conduct, law enforcement agencies use predictive analytics based on mathematical models and other analytical approaches. This practice is known as "predictive policing."

What are Predictive policing disadvantages?

Predictive policing can bias police personnel by spotlighting high- and low-risk neighborhoods, placing them on unnecessarily high alert or giving them a false sense of security. Predictive policing has an effect on neighborhood residents in addition to criminals and law enforcement personnel.

What are Predictive policing advantages?

By designating the locations of greater crime rates, this novel technique aids law enforcement in ensuring the safety of a community. Predictive policing has advantages in improving crime prevention, improving decision-making, and advancing justice.

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_____ conditioning is a type of learning in which behavior is strengthened if followed by a reinforcer or diminished if followed by a punisher.

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Operant conditioning is a type of learning in which behavior is strengthened if followed by a reinforcer or diminished if followed by a punisher.

Operant conditioning is a type of learning in which an individual modifies the occurrence and form of its own behavior due to the consequences of the behavior. It is based on the idea that behaviors that are reinforced or punished will be repeated or avoided respectively. Operant conditioning is often used by psychologists to help people change problematic behaviors and replace them with more desirable ones.

It works by providing positive and negative reinforcement, such as rewards and punishments, to encourage or discourage a particular behavior. Through this process, the individual learns to associate certain behaviors with desired outcomes, and thus modify their behavior accordingly.

It is based on the idea of positive and negative reinforcement. Positive reinforcement occurs when a behavior is strengthened by the presentation of a stimulus, such as a reward. Negative reinforcement occurs when a behavior is strengthened by the removal of an unpleasant stimulus.

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