Here are some favorites I did for my American Politics course:
Schenck v. United States (1919)
For: Defendant Charles Schenck, a socialist, had violated the Espionage Act of 1917 by mailing leaflets informing World War I draftees to eschew military service. The Espionage Act had specifically made it illegal to interfere with the military or their activities during wartime. Since, Schenck did so, his conviction should be upheld. According to the Supreme Court, he had created “clear and present danger” and therefore his speech was not protected.
Against: Congress’ Espionage Act was unconstitutional because it violated free speech rights protected by the First Amendment of the Constitution, which reads, “Congress shall make no law…. abridging the freedom of speech.” Since, the act Schenck violated is in itself a violation of the law his conviction should have been overturned.
My Opinion: Even though, the Supreme Court upheld his conviction, I believe he should not have faced any imprisonment. The Espionage Act was invalid because it was illegal from the start. Schenck’s free speech did not create a “clear and present danger” to me and therefore it should be legal. Ultimately, the act was merely a factor of the Red Scare that swept the first half of the 20th Century, with the intention of jailing socialists, communists, and anarchists.