At the time that The Declaration of Independence was Written, the phrase “all men are created equal” refers to white men. At the time, black men and women did not have rights.
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Answer:
The answer is that separate facilities for white and black people was constitutional as long as the facilities were equal.
Explanation:
Separate but equal was a legal doctrine in American constitutional law that justified systems of segregation.
Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group’s public facilities was to remain equal.
Although the Constitutional doctrine required equality, the facilities and social services offered to African-Americans were almost always of lower quality than those offered to white Americans.
The doctrine of “separate but equal” was legitimized in the 1896 Supreme Court case, Plessy v. Ferguson.
4.) Both documents are based on the ideas that citizens should have protected rights
Answer: The answer is:
Case name: <u><em> Schenck v. United
</em></u>
<u><em>States</em></u>
Summary of the case and ruling: <em>During World War I, socialists Charles Schenck general secretary of the U.S. Socialist Party, and Elizabeth Baer distributed some 15,000 leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude.The leaflets called for men who were drafted to resist military service. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment. .</em>
Effects on the interpretation of the First Amendment:
Oliver Wendell Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent. Holmes reasoned that the widespread dissemination of the leaflets was sufficiently likely to disrupt the conscription process. Famously, he compared the leaflets to falsely shouting “Fire!” in a crowded theatre, which is not permitted under the First Amendment.
Explanation:
Oliver Wendell Holmes wrote:
<u><em>"words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent".</em></u>
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A. The Red Scare
Communists were associated with the color red because of the red flag of the Soviet Union -- thus the "Red Scare." One manifestation of the Red Scare was how people's privacy was invaded. Accusations about communists and communist sympathizers were aimed at all sorts of people. Many people in the Hollywood film industry were targeted during that time, for instance. But defenders of freedom (including film and television people) fought back against that. Those who aimed to protect the rights and liberties of each individual saw the Red Scare tactics as "witch hunts," where we suspect our neighbors of evil for no good reason.
Speaking of "witch hunts," the playwright Arthur Miller wrote a really powerful play in 1953, during the Cold War, which focused on the Salem witch trials. He was making the point that what was happening in the Red Scare (hunting for communists) was another manifestation of the witch-burning craze that had happened at a previous time in history.
