Schenck resigned in 1933 to organize a new company with Darryl F. Zanuck, Twentieth Century Pictures, which soon provided four pictures a year to UA's schedule.

The vast majority of legal scholars have concluded that in writing the Schenck opinion Justice Holmes never meant to replace the " bad tendency " test which had been established in the 1868 English case R. v. Hicklin and incorporated into American jurisprudence in the 1904 Supreme Court case U. S. ex rel.

Having read Chafee's article, Holmes decided to retroactively reinterpret what he had meant by " clear and present danger " and accepted Chafee's characterization of the new test in his dissent in Abrams v. United States just six months after Schenck.

Significantly unlike Abrams, the cases of Schenck, Frohwerk, and Debs had all produced unanimous decisions.

Justice Oliver Wendell Holmes, Jr. stated in his opinion that little attention was needed since Debs ' case was essentially the same as that of Schenck v. United States, in which the Court had upheld a similar conviction.

In Schenck, the petitioners, members of the Socialist Party, were convicted of violating the Espionage Act of 1917 for printing and distributing circulars asserting that American citizens had a right to oppose the draft during World War I because, among other things, it violated the United States Constitution.

Schenck, who had been a UA stockholder for over ten years, resigned from United Artists in protest of the shoddy treatment of Twentieth Century, and Zanuck began discussions with other distributors, which led to talks with the foundering giant, Fox.

However, 20th Century brought more to the bargaining table besides Schenck and Zanuck, as it was profitable and had more talent than Fox.

When Thalberg returned to work in 1933, it was as one of the studio's unit producers, albeit one who had first choice on projects and MGM resources, including its stars, due to his closeness to Nicholas Schenck, who was then president of MGM corporate parent Loew's Inc. Schenck, who was the true power and ultimate arbiter at the studio, usually backed up Thalberg.

Louis B. Mayer, his co-founding partner at Metro Goldwyn Mayer, said he had lost " the finest friend a man could ever have ," while MGM president Nicholas Schenck stated that " Thalberg was the most important man in the production end of the motion-picture industry.

With the picture half finished it was already way over budget and Schenck was wary, as Swanson's first picture had also been overbudget and underperformed.

However, at Kennedy's advice Swanson had sold her distribution rights for the film to Schenck as Kennedy felt it would be a commercial failure.

In Schenck v. United States, 249 U. S. 47 ( 1919 ), the Court had adopted a " clear and present danger " test that Whitney v. California subsequently expanded to a bad tendency test: if speech has a " tendency " to cause sedition or lawlessness, it may constitutionally be prohibited.

He briefly traced the history of the clear and present danger test, illustrating how it had been used over the years since its debut in Schenck to dismiss dozens of what Douglas viewed as legitimate First Amendment claims.

Schenck, an anti-war Socialist, had been convicted of violating the Act when he sent anti-draft pamphlets to men eligible for the draft.

After one more film for Constance, The Perfect Woman ( 1920 ), Emerson refused another contract with Schenck, who had become disenchanted with the film industry.

In 1924, Schenck had moved over to head United Artists, but Talmadge still had a distribution contract with First National.

In April 1934, Schenck, from whom she had been separated for seven years, finally granted Talmadge her divorce, and nine days later, she married Jessel.

Coming in the wake of World War II, in which so may people had suffered shock and could benefit from treatment of their anxieties, Crowther asked the " critical observer to protest in no uncertain tones " the movie's " social disservice " in its fostering " apprehension against the treatment of nervous disorders ", deploring the lack of consideration for those in need of treatment evidenced by producer Aubrey Schenck and distributor Twentieth Century-Fox.

Brandenburg clarified what constituted a " clear and present danger ", the standard established by Schenck v. United States ( 1919 ), and overruled Whitney v. California ( 1927 ), which had held that speech that merely advocated violence could be made illegal.

Having feared exactly this type of a scenario, General-in-chief Henry W. Halleck had asked Schenck to order Milroy to fall back from Winchester to Harpers Ferry.

Although Schenck had discussed evacuation with Milroy, he left no clear direction for Milroy to evacuate, since Milroy had convinced Schenck that his defensive position in Winchester was strong.

Through his involvement in the film business, in 1916 Joseph Schenck met and married Norma Talmadge, one of the top young stars with Vitagraph Studios.

Recognizing the potential, in 1909 the Schenck brothers purchased Palisades Amusement Park and after that became participants in the fledgling motion picture industry as partners with Marcus Loew, operating a chain of movie theaters.

* October 22 – Joseph Schenck, Russian-born film studio executive ( b. 1878 )

* November 14 – Nicholas Schenck, Russian-born film studio executive ( d. 1969 )

Aside from the theater chain and a first-rate studio lot, Zanuck and Schenck felt there wasn't much else to Fox.

In 1942 Spyros Skouras succeeded Schenck as president of the studio.

In 1927, Marcus Loew, head of rival studio Metro-Goldwyn-Mayer died, and control of MGM passed to his longtime associate, Nicholas Schenck.

Immediately taken by Talmadge both personally and professionally, Schenck proposed marriage and a production studio.

" Gitlow v. New York, greatly expanded Schenck and Debs but established the general opinion of the Court that the First Amendment is incorporated by the Fourteenth Amendment to apply to the states.

The New Zealand Symphony Orchestra, Andrew Schenck, cond.

* Ferdinand Schureman Schenck ( 1790 – 1860 ) was an American politician who represented New Jersey in the United States House of Representatives from 1833-1837.

The same year, he founded the New York String Quartet together with violinists Sam Franko and Henry Boewig, and violist Ludwig Schenck.

The Schenck studios filmed in a New York warehouse and Loos and Emerson occupied suites at the Algonquin.

* Schenck v. Pro-Choice Network of Western New York, 519 U. S. 357, 117 S. Ct. 855 ( 1997 ).

After Smilin ' Through, Schenck closed the New York studios and Norma and Constance moved to Hollywood to join Keaton and Natalie.

New York: Bernhard and Schenck, 1890.

ADF states that it has " had various roles of significance " in thirty-three wins before the United States Supreme Court, including such cases as Rosenberger v. University of Virginia, Schenck v. Pro-Choice Network of Western New York, and Boy Scouts of America v. Dale.

* Schenck v. Pro-Choice Network of Western New York

DIRECTORS: J. M. Schenck, Los Angeles ; H. D. Buckley, D. F. O ' Brien, W. P. Philips, Lee Shubert, New York ; B. S. Nayfack, Brooklyn, N. Y .; A. H. Frisch, Nathan Burkan, J. H. Moskowitz.

With Loew's assistant Nicholas Schenck needed in New York City to help manage the large East Coast movie theater operations, Loew had to find a qualified executive to take charge of this new Los Angeles entity.

In 1891, he ran on the Republican ticket for New York State Engineer and Surveyor but was defeated by Democrat Martin Schenck.

* New York Times, " June McCloy to Divorce Schenck ", March 19, 1933, Page 29.

Henry Schenck Tanner ( 1786 – 1858 ), was an American cartographer, born in New York.

In the 1930s, Schenck, a nephew of Joseph and Nicholas Schenck, was a practicing attorney in New York City.

John Frelinghuysen was born in Millstone, New Jersey on March 21, 1776 to Frederick Theodore Frelinghuysen and Gertrude Schenck.

Frederick Frelinghuysen was born in 1788 in New Jersey to Major General Frederick Frelinghuysen ( 1753 – 1804 ) and Gertrude Schenck ( 1752-1794 ).