ipl-logo

Patterson V. Colorado: Case Study

526 Words3 Pages

From believing that the freedom of speech and press was protection against previous regulations to believing that it to be protection against unnecessary harm to the general public, Holmes changes positions between Patterson v. Colorado and Schenck v. United States.
In Patterson v. Colorado, Patterson was fined for publishing a cartoon about an active case of the Supreme Court of Colorado. Believing that his rights protected by the 14th Amendment were infringed, Patterson turned to the Supreme Court to repeal his punishment. Holmes argued that the cartoon was an obstruction of justice. He writes, “It [a publication] would tend to obstruct the administration of justice, because even a correct conclusion is not to be reached or helped in that …show more content…

In his opinion, “…the main purpose of such constitutional provisions [1st Amendment] is ‘to prevent all such previous restraints upon publications as had been practiced by other governments,’’ (Holmes). Patterson was allowed to publish his cartoon, which he would not have been allowed to without censorship before, but was not protected from what could come afterwards. In this case, Holmes did not take the value or context of the speech/publication fully into consideration. The cartoon specifically was highlighting how seats on the Supreme Court of Colorado were sold to corporate interests so corporations had influence on judicial decisions. Though about an immoral subject that the people should be aware of, the cartoon’s potential biasing effect on the decision was the biggest factor in the Supreme Court’s ultimate decision about the case.
Schenck was found guilty of printing and distributing pamphlets to men in order to convince them not to participate in the military draft according to the Espionage Act. Schenck believed that he was protected by the 1st Amendment, but ultimately, the Supreme Court disagreed. Holmes said that the pamphlets were an obvious violation to the Espionage Act and that the possible effects of them were severe enough to

Show More
Related

  • Cedar Rapids V. Garrett F. Case Study

    241 Words  | 1 Pages

    Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.

    Read More

  • Criminal Cases: The Florida Case Of Cooper V. State (1999)

    575 Words  | 3 Pages

    Although current law does not distinctly define TBIs according to mens rea or diminished capacity, a possible defense that may appropriately be applied to criminal cases is the law as it relates to mitigating circumstances in sentencing. The Florida case of Cooper v. State (1999) is just one of very few cases in the country that seemingly acknowledges the fact that recurrent or traumatic head injuries may be a mitigating factor to criminal behavior. The defendant, Albert Cooper, was arrested and charged with first-degree murder, armed robbery with a firearm, and armed burglary with a firearm after him and his partner, Tivan Johnson, killed the owner of a local pawnshop, Charles Barker, after robbing the location on May 25, 1991. The court ultimately found Mr. Cooper guilty as charged, which made him eligible to receive

    Read More

  • Whitney Vs. Californi Case Study

    509 Words  | 3 Pages

    They ruled that the 1st amendment did not guarantee ultimate freedom of speech and anyone violating the government could be overthrown by the state. The historical impact that the case was made mostly from Justice Brandeis, who stated that immediate serious and evil threats should be the only ones that are taken seriously enough to strip away someone’s granted rights. Brandeis’s opinion was put to use in 1969 when the case of Brandenburg v. Ohio, which is when the court overruled the decision. Yes, there are laws to help protect the natural-born citizens of this country, but if they can be taken and maneuvered to make sure the courts get what they want, why have

    Read More

  • Case Brief Griswold V. Connecticut

    624 Words  | 3 Pages

    Griswold v. Connecticut, 381 U.S. 479 (1965) Facts: Two plaintiff, Griswold and Buxton, were the Executive and Medical Directors for Planned Parenthood League at Connecticut State respectively. They had been accused and later convicted and fined $100 each for violating the Connecticut Comstock Act of 1873. The Act illegalized any use of drugs, medical item, or any other appliance for the purposes of preventing conception. Griswold and Buxton had been found quilt of giving information, medical advices, and counselling to couples about family planning.

    Read More

  • Case Study: Burwell V. Hobby

    1454 Words  | 6 Pages

    Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.

    Read More

  • Ashcroft V. Free Speech Coalition Case Study

    547 Words  | 3 Pages

    The Court held the CPPA prohibitions to be too broad and in violation of the constitutional freedoms. The judgment from district court was reversed. Explanation: The Justices found the ban on certain images to be to broad and therefore sided in favor of the Free Coalition.

    Read More

  • Wolf V. Colorado Case Brief

    584 Words  | 3 Pages

    Before 1948 Julius A. Wolf had been arrested and tried for reasons not stated in the Supreme Court case, but the evidence that was used against Wolf was taken unlawfully, the police had no warrant for his arrest as well as no warrant to search his office. Wolf was able to get an appeal to be tried one more time. In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures.

    Read More

  • Charles Schenck And The Espionage Act Of 1917

    734 Words  | 3 Pages

    Some of the things Schenck said in his pamphlet were not protected by the First Amendment. According to the Schenck v United States Supreme Court Decision, The Supreme Court says, “When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard

    Read More

  • Charles Schenck's Arguments Against The Espionage Act

    529 Words  | 3 Pages

    To clarify, although Holmes quarrels that the Supreme Court was right in their decision to arrest Schenck whom, “…as to create a clear and present danger that they will bring about the substantive of evils that Congress has the right to prevent.” In contrast, this decision violates the 13th Amendment since Schenck was not presenting an harm or danger. But, however, his actions were, “…more like someone shouting, not falsly, but truly…” In a sense, the Supreme Court was incorrect in their decision; therefore, U.S. citizens have the right to protest during times of

    Read More

  • Charles Schenck And The Espionage Act Of 1917

    995 Words  | 4 Pages

    The Espionage Act of 1917 was strictly enforced, prohibiting interference with recruiting or enlistment into the military and ended with a punishment if the act was violated.   In 1919, Charles Schenck, a general secretary of the socialist party, made pamphlets that were distributed to men who had been drafted into the armed forces. Schenck was charged with conspiracy that violated the Espionage Act of 1917. He made an argument that the Conscription Act violated the 13th Amendment of the US constitution, which was the amendment that made slavery unconstitutional.

    Read More

  • Connick Case

    785 Words  | 4 Pages

    Demers, 729 F.3d 1011. However, as seen in the reasoning in Demers, the fact that the blog was posted onto a public website for there world to see, rather than just a small niche, while no dispositive makes it more likely that the issue was a matter of "public concern.” Id, 729 F.3d 1011. Furthermore, the fact that the blog post was given notoriety on a public news website, elevating his low traffic blog into a website with over 50,000 views, coupled with debate as to the praise or dissent of the idea, makes this even more likely to be a matter of public concern. (Complaint, R. 6, para. 16).

    Read More

  • Censorship Affect The First Amendment

    255 Words  | 2 Pages

    In the 1915 case of Mutual Film Corporation v. Industrial Commission of Ohio, the Supreme Court observed that motion pictures do not constitute part of the “press” in the State of Ohio. For this reason, motion pictures were held not entitled to First Amendment protection from censorship. This case arose in response to the passing of a statute, whereby

    Read More

  • Argumentative Essay: The Case Of Miller Vs. California

    604 Words  | 3 Pages

    In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4.

    Read More

  • Censorship Of The First Amendment Essay

    865 Words  | 4 Pages

    One of these cases is Patterson V. Colorado. Patterson published comics and articles about the Colorado Supreme Court. These comics criticized the judges of that court, and questioned many of their motives. Afterwards, Patterson was charged with contempt. He quickly moved to void the information by citing local law, the Colorado Constitution, and the Fourteenth Amendment of the constitution.

    Read More

  • Analysis Of Free Speech Follies By Stanley Fish

    103 Words  | 1 Pages

    People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.

    Read More

More about Patterson V. Colorado: Case Study

Open Document