Civics

Charles Schenck, a U.S. citizen, was responsible for printing and distributing leaflets that explained why he was against the draft (required military service) during World War 1. He was charged with violating the Espionage Act of 1917, a federal law that outlawed any action that got in the way of military operations. Charles believed that the law in question violated his right to free speech. In which court would this case be tried, and why?
A. a state court because it involved violation of criminal law
B. the Supreme Court of the United States because it involved constitutional law
C. a county civil court because it involved violation of civil liberties
D. a military tribunal because the matter involved prospective military draftees

I think it's B, but I'm torn between B and D.

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  1. It's not D. A military tribunal only applies to people who are IN the military (except for "terrorists" held by the military). Civilians are never tried in a military court. The Supreme Court does not, ever, hold trials. They take appeals from lower courts when the lower courts disagree about federal law. Civil courts? That definition may vary from state to state, but usually that involves someone suing someone, probate of wills and trusts, divorces, etc. Cases involving criminal law usually start in a state court, at the county level. If the charge in this case was brought by a federal prosecutor, it might start in Federal District Court. I am unable to find where the Schenck case started.

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  2. so whats the answer

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