By Joshua Dressler
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S. 706 (1921); Shaffer v. United States, 255 F. 886 (9th Cir. 1919); Kirchner v. United States, 255 F. 301 (4th Cir. 1918); United States v. D. Wis. 1918)). The one shining exception to the dominant view was the opinion of Judge Learned Hand in the Masses case, in which Hand interpreted the act as applying only to speech that expressly advocated unlawful conduct (Masses Publishing Co. v. Patten, 244 F. Y. 1917), rev’d, 246 F. 24 (2d Cir. 1917)). The constitutionality of the Espionage Act of 1917 was first addressed by the Supreme Court in Schenck v.
Under the First Amendment, they maintained, such expression may be restricted only if it posed a clear and present danger of harm. Although Holmes and Brandeis failed to persuade their brethren, these dissenting opinions laid the foundation for the contemporary understanding of the First Amendment. Examples were Abrams (Justice Holmes dissenting), Schaefer v. S. 466 (1920) (Justice Brandeis dissenting), and Pierce v. S. 239 (1920) (Justice Brandeis dissenting). Subversive advocacy in the 1920s In the years immediately after World War I there was widespread concern that such radical SEDITION AND DOMESTIC TERRORISM political doctrines as anarchism and Communism could lead to social, economic, and political upheaval.
Definition of sentencing discretion Sentencing discretion, as the term is used in this entry, exists whenever a participant in the design or operation of the criminal justice system can exercise choice in a way that dictates, places limits upon, or contributes to the sentencing outcome of a particular criminal case or whole categories of cases. ’’ For one thing the definition of sentencing discretion embraces both public and private actors who take part in the processes leading up to final punishment outcomes.