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madreJ [45]
3 years ago
13

Explain the clear and present danger principle that justice holmes enunciated in the schenck decision

History
1 answer:
DerKrebs [107]3 years ago
8 0

During World War I Antiwar protests gave rise to many significant free speech cases related to issues and fomenting violence. In the 1919 case Schenck v. United States, the Supreme Court pointed that an antiwar activist did not have a First Amendment right to tribunal draft resistance.

Justice Holmes proposed the clear and present danger test, that would become a vital concept in First Amendment law; but the Schenck decision did not formally accept the test. 

Holmes soon wrote his intention about the clear and present danger test. He intended the said test to refine, not replace, the bad tendency test<span>.

Hope this helps.</span>

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The Boxer Rebellion developed independently of the Chinese government - the Qing backed it later beacuse it looked as if it might be successful in kicking foreigners (and thus foreign influence) out of China.  

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ammianus · 4 years ago

2 Thumbs up 1 Thumbs down Report Abuse 1 comment

Asker's rating  4 out of 5

Matt

The Boxer Rebellion....  

The Boxer Rebellion, Boxer Uprising or Yihetuan Movement was a violent anti-foreign and anti-Christian movement which took place in China towards the end of the Qing dynasty between 1898 and 1900. It was initiated by the Militia United in Righteousness (Yihetuan), known in English as the "Boxers", and was motivated by proto-nationalist sentiments and opposition to foreign imperialism and Christianity. The Great Powers intervened and defeated Chinese forces.  

In June 1900 Boxer fighters, convinced they were invulnerable to foreign weapons, converged on Beijing with the slogan "Support the Qing, exterminate the foreigners." Foreigners and Chinese Christians sought refuge in the Legation Quarter. In response to reports of an armed invasion to lift the siege, the initially hesitant Empress Dowager Cixi supported the Boxers and on June 21 authorized war on foreign powers. Diplomats, foreign civilians and soldiers as well as Chinese Christians in the Legation Quarter were placed under siege by the Imperial Army of China and the Boxers for 55 days. Chinese officialdom was split between those supporting the Boxers and those favoring conciliation, led by Prince Qing. The supreme commander of the Chinese forces, Ronglu, later claimed that he acted to protect the besieged foreigners. The Eight-Nation Alliance, after being initially turned back, brought 20,000 armed troops to China, defeated the Imperial Army, and captured Beijing on August 14, lifting the siege of the Legations.

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The correct answer to this open question is the following.

The question does not include options, but we can answer the following.

Enlightenment thinkers such as John Locke and Benjamin Franklin led a revolution based on the idea that freedom was the most important right and the right to keep private poverty against tyrant rulers as was the case of the English monarchy in colonial times.

The Enlightenment period had some illustrious political thinkers and philosophers such as Montesquiou, Thomas Hobbes, Jean-Jaques Rosseau, and John Locke. Their thoughts influenced revolutionary movements like the American Revolutionary War of Independence and the French Revolution.

Benjamin Franklin was one of those Enlightenment thinkers in the American colonies that received the influence of Lock's ideas. He believed that freedom was the ultimate right for people and that every American had the right to keep their private property safe, without paying excessive taxation like the ones imposed by the British government.

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