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This Is Us (season 1)
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This Is Us (season 1)
DVD cover
Starring
Milo Ventimiglia
Mandy Moore
Sterling K. Brown
Chrissy Metz
Justin Hartley
Susan Kelechi Watson
Chris Sullivan
Ron Cephas Jones
Country of origin
United States
No. of episodes
18
Release
Original network
NBC
Original release
September 20, 2016 (2016-09-20) – March 14, 2017 (2017-03-14)
Season chronology
Next →
Season 2
List of This Is Us episodes
The first season of the American television series This Is Us follows the family lives and connections of several people who all share the same birthday and the ways in which they are similar and different. The season is produced by Rhode Island Ave. Productions, Zaftig Films, and 20th Century Fox Television, with Fogelman and Don Todd serving as showrunners.
The season stars an ensemble cast featuring Milo Ventimiglia, Mandy Moore, Sterling K. Brown, Chrissy Metz, Justin Hartley, Susan Kelechi Watson, Chris Sullivan, and Ron Cephas Jones.
The season, which premiered on NBC on September 20, 2016, and ran until March 14, 2017, over 18 episodes, received generally positive reviews from critics. It was chosen by the American Film Institute as one of the top ten television programs of 2016, and received ten nominations for the 69th Primetime Emmy Awards, including Outstanding Drama Series with Brown winning for Outstanding Lead Actor in a Drama Series, as well as receiving nominations for the Golden Globe Award for Best Television Series – Drama and the Critics' Choice Television Award for Best Drama Series. The series was renewed for a second and third season on January 18, 2017.[1]
Contents
[hide]
1 Cast and characters
1.1 Main
1.2 Recurring
1.3 Guest
2 Episodes
3 Production
3.1 Development
3.2 Casting
4 Reception
4.1 Critical response
4.1.1 Critics' top ten lists
4.2 Ratings
4.3 Accolades
5 Broadcast
6 References
Cast and characters[edit]
Main article: List of This Is Us characters
Main[edit]
Milo Ventimiglia as Jack Pearson[2]
Mandy Moore as Rebecca Pearson[2]
Sterling K. Brown as Randall Pearson.[2] Also played by Niles Fitch (age 15) and Lonnie Chavis (ages 8–10).[3]
Chrissy Metz as Kate Pearson.[4] Also played by Hannah Zeile (age 15) and Mackenzie Hancsicsak (ages 8–10).[3]
Justin Hartley as Kevin Pearson.[2] Also played by Logan Shroyer (age 15) and Parker Bates (ages 8–10).[3]
Susan Kelechi Watson as Beth Pearson[5]
Chris Sullivan as Toby Damon
Ron Cephas Jones as William H. "Shakespeare" Hill[2]
Recurring[edit]
Eris Baker as Tess Pearson
Faithe Herman as Annie Pearson
Jon Huertas as Miguel Rivas[6]
Gerald McRaney as Dr. Nathan Katowski (aka Dr. K)
Jermel Nakia as young adult William H. "Shakespeare" Hill
Janet Montgomery as Olivia Maine
Milana Vayntrub as Sloane Sandburg
Ryan Michelle Bathe as Yvette
Denis O'Hare as Jessie
Adam Bartley as Duke
Alexandra Breckenridge as Sophie. Also played by Amanda Leighton (age 15) and Sophia Coto (age 10).
Jill Johnson as Laurie
Caitlin Thompson as Madison
Guest[edit]
Alan Thicke as himself
Katie Couric as herself
Brad Garrett as Wes Manning
Katey Sagal as Lanie Schulz
Jami Gertz as Marin Rosenthal
Seth Meyers as himself
Jimmi Simpson as Andy Fannan
Elizabeth Perkins as Janet Malone
Mario Lopez as himself
Wynn Everett as Shelly
Ron Howard as himself
Episodes[edit]
No.
overall
No. in
season
Title
Directed by
Written by
Original air date
Prod.
code
U.S. viewers
(millions)
1
1 "Pilot" John Requa & Glenn Ficarra Dan Fogelman September 20, 2016 (2016-09-20) 1AZC01 10.07[7]
The intertitle references a Wikipedia-sourced statistic about how many people share the same birthdays. In 1980, Jack Pearson was celebrating his 36th birthday when his wife Rebecca went into labor with their triplets. In the present, personal assistant Kate celebrates her 36th birthday by recommitting to lose weight, and befriends Toby at a support group. Her brother Kevin, famous for starring on the sitcom The Manny, on his 36th birthday states his dissatisfaction with his role and abruptly quits in front of a live audience. Successful Black businessman Randall, on his 36th birthday, finds and confronts the father, William, who abandoned him at a fire station on the day he was born; Randall then invites William to his house. In 1980, Rebecca lost one of the triplets during birth. Kevin and Kate were the surviving pair; Randall – brought to the same hospital by a fireman – was their adoptive brother.
2
2 "The Big Three" Ken Olin Dan Fogelman September 27, 2016 (2016-09-27) 1AZC02 8.75[8]
Rebecca and Jack (in flashbacks) are having marital issues. In the present, Randall's wife, Beth, has suspicions about his biological father's motives. Toby and Kate start getting closer. At a party, Kevin is told he is contractually obligated to stay on his sitcom two more years. Kate and Toby dance at the party, despite people's laughter. Kevin tries to turn to Randall for advice; they are shown to have had a strained relationship since childhood. Kevin decides to leave the sitcom anyway, and do theater in New York. Rebecca is remarried to Jack's best friend, Miguel.
3
3 "Kyle" John Requa & Glenn Ficarra Dan Fogelman October 11, 2016 (2016-10-11) 1AZC03 9.87[9]
In flashbacks, Randall's name was initially going to be Kyle. His biological father, William (nicknamed "Shakespeare"), met his birth mother on a bus ride where they bonded over poetry, but at some point they developed substance abuse problems. William is shown on the bus as he takes his newborn son to the fire station. Rebecca is not able to bond well with "Kyle", and Jack eventually admits he cannot either. Rebecca prevents William from seeing his son, but renames him Randall after William's favorite poet, Dudley Randall. In the present, Randall's daughters do not know who William really is. After Rebecca scolds him at Randall's home, he leaves – Randall then scolds him even harder. Kevin is serious about moving to New York and wants to bring Kate with him, and encourages her to showcase her singing abilities, about which she is uncomfortable. Toby makes grand gestures for Kate, but feels she gives precedence to Kevin. William's cancer is terminal. Kevin fires Kate out of love. Toby and Kate have sex.
4
4 "The Pool" John Requa & Glenn Ficarra Dan Fogelman & Donald Todd October 18, 2016 (2016-10-18) 1AZC04 9.71[10]
In flashbacks, the Pearsons go to the pool, but have setbacks: Kevin almost drowns while his parents attend to Randall and Kate; Kate is ostracized for being overweight by her classmates; and while Randall befriends other Black children, Rebecca takes it especially hard when one mother suggests some grooming tips for her Black son. In the present, while Kevin is determined to land a serious role on Broadway, even his nieces will not let him forget The Manny. William is wrongly accused of loitering in Randall's affluent neighborhood and is annoyed when Randall does not defend him. Toby runs into his ex-wife while on a date with Kate. Kevin does poorly in his audition, but Olivia, his Tony-nominated scene partner, begrudgingly tells him he got the role because of his fame from The Manny. In a flashback, Kevin is shown to have been insecure since childhood, which may have led him to acting. Kate gets a job from Toby's ex-wife, Josie, who Toby warns is not the angel she seems to be; in fact, her affairs led to his weight gain and caused him to contemplate suicide. Kevin temporarily moves in with Randall.
5
5 "The Game Plan" George Tillman Joe Lawson October 25, 2016 (2016-10-25) 1AZC05 8.68[11]
In flashbacks, the Pittsburgh Steelers are winning Super Bowl XIV, but Jack and Rebecca are fighting about not having children. Jack punches a guy who tells him to have his wife be quiet. Kevin and Kate are conceived that night. Miguel and his wife are present at the time. Beth Pearson believes she may be pregnant again, but it turns out she is not. In the present, William reveals to Kevin he is a big fan of The Manny, and helps Kevin realize he should stop doubting himself. Kevin believes he moved to New York out of fear and uses the play to teach a life lesson to his nieces; he also has a penchant for painting like Jackson Pollock. Kate acts weird about watching a Steelers game and has to tell Toby why football games are personal for her. It is then confirmed that Jack died at some point.
6
6 "Career Days" Craig Zisk Bekah Brunstetter November 1, 2016 (2016-11-01) 1AZC06 8.48[12]
Randall trades commodities for businesses based on weather futures, a job no one seems to understand, and he tries unsuccessfully to explain that on Career Day. Flashbacks reveal that Randall has been extraordinarily intelligent since he was a child, which got him transferred to an elite private school. Kate starts a new job as a personal assistant for Marin (Jami Gertz) and has to deal with Marin's bratty overweight teenage daughter, Jemma, who is sure her mother hired Kate over the other candidates as a way to get through to her. Kate reveals she no longer talks to her mom, Rebecca. Olivia has unorthodox methods of teaching Kevin how to deal with grief. Randall decides he wants to take piano lessons, but not from William.
7
7 "The Best Washing Machine in the World" Silas Howard K.J. Steinberg November 15, 2016 (2016-11-15) 1AZC07 9.50[13]
In flashbacks, teenage Kevin and Randall are bickering harder than ever. Kevin moves out of their room and into the basement and wants Randall to stay away. Tensions surface at a football game, where the two (on opposing teams) get in a fight. In the present, Kevin and Randall go out to dinner by themselves when Rebecca and Miguel have to cancel. It appears Kevin purposely sat them at a large table with other people so that they would not have to be alone, but he abruptly leaves when he finds out Randall has never actually seen The Manny. Randall and Kevin fight on the street, but Kevin tells onlookers they are brothers. Kate is trying hard to lose weight, but with disappointing results; meanwhile, Toby is hitting his weight-loss goals without trying and wants to abandon the diet altogether. Beth and William eat marijuana brownies together and he accidentally reveals to her that he has known Rebecca since Randall was a baby. Ironically, Beth moves Kevin's stuff to the basement.
8
8 "Pilgrim Rick" Sarah Pia Anderson Isaac Aptaker & Elizabeth Berger November 22, 2016 (2016-11-22) 1AZC08 9.00[14]
In the past, the Pearsons are going on a six-hour road trip to Rebecca's parents' house for Thanksgiving, but they get into a car accident and abandon the dinner completely, staying at a motel. Present-day Kate takes a break from Toby before Thanksgiving, saying she needs to get a handle on her weight and her life. Kevin invites Olivia to come celebrate Thanksgiving at Randall's house. Beth gives Rebecca an ultimatum, since she had already had 36 years to tell Randall the truth, but he finds out before Rebecca can tell him. William advises Olivia to be kinder to Kevin while she has the chance. Kevin allows Miguel to participate in a Pearson Thanksgiving tradition. After a disastrous flight, Kate announces a life-changing decision.
9
9 "The Trip" Uta Briesewitz Vera Herbert November 29, 2016 (2016-11-29) 1AZC09 10.53[15]
Randall is unbearably devastated by his mother's lies and betrayal. He, Kate, and Kevin make a trip to their family cabin; Olivia tags along with two uninvited guests: Asher, her ex-boyfriend, and Sloane, her playwright. Olivia makes a rude comment to Kate, driving a wedge between the twins. In flashbacks, child Randall thinks he can find his birth parents by the genetic trait of tongue rolling. Rebecca never tells Jack that she knows about Randall's parents. Adult Randall inadvertently ingests a hallucinogen, and has a vision of Jack at the cabin. Though "Vision Jack" is shocked Rebecca lied, he tells Randall to understand his mother's point of view. Kate still wants to be friends with Toby, but he would rather not. Kevin does not like how Olivia and Asher are behaving and kicks them out, ending his relationship with her. He later ends up sleeping with Sloane. Randall tells his mother he will not speak to her again until Christmas.
10
10 "Last Christmas" Helen Hunt Donald Todd December 6, 2016 (2016-12-06) 1AZC10 10.95[16]
When young Kate develops appendicitis on Christmas Eve, the Pearsons take her to the hospital. There, they run into Dr. K and realize he needs their support after a potentially fatal car crash. In the present, after Olivia abandons the play, Kevin convinces Sloane to take her role. He also celebrates Hanukkah with Sloane's family, and she joins him at Randall's Christmas Eve party. Kate consults a doctor with her mother about the life-changing surgery she wants to have. Randall talks his co-worker out of a suicide attempt. William is revealed to be bisexual. Toby comes to Randall's house to surprise Kate and they get back together, but he later collapses and is sent to the OR.
11
11 "The Right Thing to Do" Timothy Busfield Aurin Squire January 10, 2017 (2017-01-10) 1AZC11 10.48[17]
The cause of Toby's collapse was diagnosed as cardiac arrhythmia, not a heart attack. Jack and Rebecca (in flashbacks) look for a house to fit their growing family, but do not expect to be having triplets. Randall feels William's time spent with Jesse is taking precious moments away from their family, but is assured it is only to spare everyone eventual pain. William decides to stop his chemotherapy treatments. Kevin and Sloane are doing well—until Olivia returns. Jack (in flashbacks) asks his estranged abusive father for money and buys a house. Kate and Toby discuss marriage.
12
12 "The Big Day" Ken Olin Dan Fogelman & Laura Kenar January 17, 2017 (2017-01-17) 1AZC12 9.59[18]
The episode takes place in the lead-up to the triplets' birth. Rebecca has a mental breakdown and forgets that it is Jack's birthday. Miguel tries to encourage Jack to celebrate one more birthday before he becomes a father by taking him golfing. Dr. K struggles to accept the death of his wife, who died over a year earlier, including refusing to dispose of her belongings and declining an offer for dinner at a widow's house. Fireman Joe is struggling with his marriage and he asks a priest for a miracle. William drops Randall off as a newborn at the firehouse. Joe decides to take it first to his wife, who refuses to look after him even though they could not conceive. Joe takes the baby to the hospital and Jack decides to adopt him following the death of one of the triplets. The next day, Dr. K decides to throw away his wife's belongings and eat dinner at his friend's house.
13
13 "Three Sentences" Chris Koch Joe Lawson & Bekah Brunstetter January 24, 2017 (2017-01-24) 1AZC13 9.63[19]
When the triplets' tenth birthday is approaching, instead of keeping the family tradition of celebrating the day as one, Kevin and Kate encourage their parents to throw them separate parties. At the birthday party, Randall only has a handful of classmates show up, while Kevin and Kate have full parties. When Kate's best friend Sophie arrives, she and Kate's entire party merge into Kevin's party, leaving Kate alone and Jack trying to comfort her. In the present day, Randall is trying to bid for a project in Calgary, but is interrupted by William, who recently stopped chemotherapy treatments and is now energetic. Kate's doctor encourages her to attend a camp instead of having weight loss surgery. After Kevin breaks up with Sloane and Toby drops Kate off at the camp, the two go to a bar together. Following Toby's advice to pursue the woman he really loves, Kevin tries to reconcile with Sophie, Kate's best friend from long ago and his childhood love and ex-wife. A mysterious worker at the camp tries to talk to Kate, who is now engaged to Toby, and tries to seduce her.
14
14 "I Call Marriage" George Tillman Jr. Kay Oyegun February 7, 2017 (2017-02-07) 1AZC14 9.57[20]
The time is shown when Miguel and Shelly get divorced and, fearing their marriage will have the same fate, Jack tries to bring excitement to his and Rebecca's relationship. In the present, Kevin tries to reconcile with his ex-wife Sophie. Toby surprises Kate at the camp she is attending and is met with unkindness. Stress mounts and Randall cannot cope. Randall misses a business meeting he planned, fully knowing his daughter's chess tournament was on the same night, when Beth insists that family come first.
15
15 "Jack Pearson's Son" Ken Olin Isaac Aptaker & Elizabeth Berger February 14, 2017 (2017-02-14) 1AZC15 9.03[21]
Kate gets kicked out of fat camp and apologizes to Toby. They begin asking questions about each others' lives to strengthen their relationship, though Kate cannot yet answer when asked about how her father died. In the past, Rebecca wants to go on tour with her band but, after finding out that she once dated a member of the band, Jack tells her he does not want her to go. They have a fight and Jack has his first drink in years. Present-day Kevin is about to open his play when Randall calls him and is distressed. Kevin has a flashback to when Randall used to have nervous breakdowns over self-inflicted pressure. Kevin leaves the theater to find and comfort him.
16
16 "Memphis" John Requa & Glenn Ficarra Dan Fogelman February 21, 2017 (2017-02-21) 1AZC16 9.35[22]
Randall drives William to Memphis, his hometown. Intermittently, William's relationship with his mother while growing up is shown, including when she leaves him as a young adult to take care of relatives in Pittsburgh. William is, at the time, playing in a cover band at his cousin's club. He learns his mother is sick and decides to move to Pittsburgh, where she dies. In the present day, William returns to his old home, then takes Randall to his cousin's club. Although his cousin is still angry at him for not returning to the band, he forgives him and lets him play. The next morning, William is barely conscious in his bed and transported to the hospital, where doctors tell Randall that he has hours to live. Randall then uses Jack's calming technique to help ease William's fear of dying. William dies with Randall by his side.
17
17 "What Now?" Wendey Stanzler K.J. Steinberg & Vera Herbert March 7, 2017 (2017-03-07) 1AZC17 11.15[23]
In flashbacks, Rebecca leaves for her tour. Kate encourages Jack to attend Rebecca's first show; after rejecting a colleague's advances at a happy hour, he sets out driving to the show despite having been drinking. In the present, per William's wishes, Tess and Annie plan a celebration of his life, while Beth feels left out; Randall asks her to toast William and she receives a loving postcard William sent from Memphis. Rebecca admits that she kept William a secret because she feared losing Randall; Randall acknowledges that he and William had the time they needed, and he and Rebecca reaffirm their love. Kevin's play premieres and the family loves it, though an important critic fails to attend. Randall quits his job over his firm's apparent disrespect and lack of appreciation, admitting he doesn't have a plan. Kevin and Sophie consummate their relationship and Ron Howard offers Kevin a film role after having seen the play. Kate struggles to tell Toby about Jack's death, saying she is responsible for it.
18
18 "Moonshadow" Ken Olin Dan Fogelman & Isaac Aptaker & Elizabeth Berger March 14, 2017 (2017-03-14) 1AZC18 12.84[24]
In flashbacks, Jack drives drunk to Cleveland to see Rebecca's show, where her ex-boyfriend Ben tries to kiss her. Jack finds out and punches him, prompting Rebecca to drive Jack home; Jack and Rebecca fight on the way home. In flashbacks of 1972, Jack and Rebecca are set up on blind dates. Jack and a friend head to a poker match with Jack's life savings and win big on the first game, but are then robbed by the host's enforcers. Rebecca leaves her blind date early to sing at an open mic night. Jack devises a plan to steal money from the register at a bar, but is distracted when he sees Rebecca singing. Back to the time after the drive home, Jack apologizes to Rebecca and sets out to spend some time at Miguel's. Intertwined with Jack's apology, in the present day, Kate and Toby are shown returning to Los Angeles and, after seeing a photo of Rebecca, Kate decides she wants to sing. Kevin says good-bye to Sophie as he heads off to meet with Ron Howard about a film role. After Randall looks through a photo album of his younger self and his family, he admits to Beth that he wants to adopt a baby.
Production[edit]
This section needs expansion. You can help by adding to it. (September 2017)
Development[edit]
Dan Fogelman and Don Todd served as the season's showrunners.[25]
Casting[edit]
In 2015, Mandy Moore, Milo Ventimiglia, Justin Hartley, Sterling K. Brown, and Ron Cephas Jones were the first to be cast in Dan Fogelman’s pilot.[2] Chrissy Metz was later cast in the pilot,[4] followed by Susan Kelechi Watson.[5] Jon Huertas joined the cast in 2016.[6]
Reception[edit]
Critical response[edit]
The first season of This Is Us received positive reviews, with critics praising cast performances and series plot. On Rotten Tomatoes, it has an approval rating of 89% based on 56 reviews, with a weighted average of 7.8/10. The site's critical consensus reads, "Featuring full-tilt heartstring-tugging family drama, This Is Us will provide a suitable surrogate for those who have felt a void in their lives since Parenthood went off the air."[26]
On Metacritic, the season has a normalized score of 76 out of 100, based on 34 critics, indicating "generally favorable reviews".[27] TVLine gave the series "A-" saying, "With emotionally resonant dialogue and top-notch performances, This Is Us should fill that Braverman-sized hole in your heart."[28] TV Guide placed This Is Us at ninth among the top ten picks for the most anticipated new shows of the 2016–2017 season and called it, "a well-acted drama about love, life and family."[29]
Writing for The Star-Ledger, Vicki Hyman lauded the series and said, "This Is Us (from Crazy, Stupid, Love screenwriter Dan Fogelman) methodically weaves four seemingly disparate stories into a believable and emotional whole through tiny telling details, relateable moments, and conversations and confrontations that are funny, tender or painful, or all three at once."[30] Entertainment Weekly's Jeff Jensen wrote, "A 21st century thirtysomething for a TV generation that likes a splash of high concept in their shows and isn't afraid of melodrama."[31] Gwen Ihnat of The A.V. Club also reviewed the series positively saying, "The hour accomplishes what it set out to do. It creates characters so compelling that we compulsively want to tune back in to see them again."[32]
In a review for The Boston Globe, Matthew Gilbert said, "The pilot is beautifully shaped, the themes of building your own meaning in life are smart, and the actors already seem to know their characters."[33]
The Washington Post critic Hank Stuever said, "While I'd like to see another few episodes to make sure, there's something comfortably gooey right away about This Is Us, reminding us once more that amid all the high-functioning detectives, emergency-rescue personnel and secret-agent superheroes covered in cryptic tattoos, there are very few network dramas aimed at viewers who are simply interested in everyday people and how they feel."[34] Pittsburgh Post-Gazette's TV critic Rob Owen wrote, "Created and written by Dan Fogelman, This is Us manages the tricky task of telling emotional stories without getting too saccharine. And in each story, the characters are quite relatable."[35] James Poniewozik of The New York Times also gave the series positive reviews and said, "The first hour works its way efficiently through an economy-size box of tissues with cleverly turned dialogue and well-inhabited performances."[36] The series also received praise from critics at other publications such as USA Today,[37] The Atlantic,[38] The Hollywood Reporter,[39] and The Los Angeles Times.[40]
Some were more critical towards the show, Daniel D'Addario of Time wrote, "The show has promise, but its cynicism in terms of trying to evoke an emotional response is both what viewers will be tuning in for and its least accomplished aspect. If it could work to wring out a real response, not just an easy one, this might be a show worth watching each week.[41] Ben Travers, Chief TV critic of Indiewire, quipped, "'It all works out' seems to be the main takeaway from the pilot, but where things specifically go from here is one whopping question mark. Perhaps if this was an episodic anthology series with new characters flooding in every week and new arcs every season, This Is Us could repeat the mysterious highs of its subjectively mediocre pilot (depending on how you like that ending)."[42]
In a moderate review for Variety, Sonia Saraiya said, "It's deceptively difficult to build a surprising and complete story in just 40 minutes with so many characters. Yet This Is Us manages to both craft an intimate series of portraits and stitch them together. But at the same time, waves of cloying sentiment threaten to submerge everything."[43]
Critics' top ten lists[edit]
This Is Us was included on multiple Best/Top TV Shows of 2016 lists; these are listed below in order of rank.[44]
No. 1 Pittsburgh Post-Gazette
No. 1 TV Insider
No. 2 Orlando Sentinel
No. 2 Sioux City Journal
No. 3 Lincoln Journal Star
No. 3 PopSugar
No. 3 San Francisco Chronicle
No. 4 Newsday
No. 4 NPR
No. 4 People
No. 5 Hidden Remote
No. 5 St. Louis Post-Dispatch
No. 5 Tulsa World
No. 5 TVLine
No. 6 The Salt Lake Tribune
No. 8 St. Paul Pioneer Press
No. 9 Maclean's
No. 9 The Star-Ledger
No. 10 TV Guide
– American Film Institute
– Associated Press
– Cleveland Plain Dealer
– CNN
– The Huffington Post
– New York Post
– TheWrap
– Yahoo!
Ratings[edit]
No.
Title
Air date
Rating/share
(18–49)
Viewers
(millions)
DVR
(18–49)
DVR viewers
(millions)
Total
(18–49)
Total viewers
(millions)
1 "Pilot" September 20, 2016 2.8/10 10.07[7] 1.8 4.55 4.6 14.61[45]
2 "The Big Three" September 27, 2016 2.6/9 8.75[8] 1.9 5.12 4.5 13.87[46]
3 "Kyle" October 11, 2016 2.8/9 9.87[9] 1.9 4.95 4.7 14.82[47]
4 "The Pool" October 18, 2016 2.6/9 9.71[10] 2.0 4.86 4.6 14.57[48]
5 "The Game Plan" October 25, 2016 2.4/8 8.68[11] 2.1 5.11 4.5 13.83[49]
6 "Career Days" November 1, 2016 2.3/7 8.48[12] 2.1 5.09 4.4 13.57[50]
7 "The Best Washing Machine in the World" November 15, 2016 2.6/9 9.50[13] 2.1 5.20 4.7 14.70[51]
8 "Pilgrim Rick" November 22, 2016 2.4/9 9.00[14] 2.1 5.46 4.5 14.46[52]
9 "The Trip" November 29, 2016 2.7/9 10.56[15] 1.9 4.96 4.6 15.46[53]
10 "Last Christmas" December 6, 2016 2.8/9 10.95[16] 2.1 5.45 4.9 16.40[54]
11 "The Right Thing to Do" January 10, 2017 3.0/11 10.48[17] 2.0 5.33 5.0 15.81[55]
12 "The Big Day" January 17, 2017 2.6/8 9.53[18] 2.5 6.20 5.1 15.80[56]
13 "Three Sentences" January 24, 2017 2.8/9 9.63[19] 2.4 6.16 5.2 15.79[57]
14 "I Call Marriage" February 7, 2017 2.6/8 9.57[20] 2.4 6.23 5.0 15.80[58]
15 "Jack Pearson's Son" February 14, 2017 2.4/8 9.03[21] 2.4 6.14 4.8 15.17[59]
16 "Memphis" February 21, 2017 2.5/8 9.35[22] 2.5 6.35 5.0 15.70[60]
17 "What Now?" March 7, 2017 3.0/10 11.15[23] 2.3 6.04 5.3 17.18[61]
18 "Moonshadow" March 14, 2017 3.4/12 12.84[24] 1.9 4.94 5.3 17.77[62]
Accolades[edit]
Year
Award
Category
Nominee(s)
Result
Ref.
2016 American Film Institute Awards TV Program of the Year This Is Us Won [63]
Critics' Choice Television Awards Most Exciting New Series This Is Us Won [64]
Best Drama Series This Is Us Nominated
African-American Critics Association Awards Top Ten TV Show This Is Us Won
2017 People's Choice Awards Favorite New TV Drama This Is Us Won [65]
Favorite Actor in a New TV Series Milo Ventimiglia Nominated
Favorite Actress in a New TV Series Mandy Moore Nominated
Writers Guild of America Awards New Series This Is Us Nominated [66]
[67]
Episodic Drama Vera Herbert (for "The Trip") Won
Golden Globe Awards Best Television Series – Drama This Is Us Nominated [68]
Best Supporting Actress – Series, Miniseries or Television Film Chrissy Metz Nominated
Mandy Moore Nominated
Screen Actors Guild Awards Outstanding Performance by a Male Actor in a Drama Series Sterling K. Brown Nominated [69]
NAACP Image Awards Outstanding Drama Series This Is Us Nominated [70]
Outstanding Actor in a Drama Series Sterling K. Brown Won
Outstanding Performance by a Youth Lonnie Chavis Nominated
ACE Eddie Awards Best Edited One Hour Series for Commercial Television David L. Bertman (for "Pilot") Won [71]
Broadcast[edit]
This Is Us premiered on September 20, 2016, in the U.S. on NBC.[72] The series premiered on CTV in Canada on September 21, 2016,[73][74] on TVNZ 2 in New Zealand on September 27, 2016,[75] and in the United Kingdom on Channel 4 on December 6, 2016.[76] The series premiered in Australia on Channel Ten on February 8, 2017.[77]
References[edit]
Jump up ^ Roots, Kimberly (January 18, 2017). "This Is Us Renewed for Seasons 2 and 3". TVLine. United States: Penske Media Corporation. Archived from the original on January 18, 2017. Retrieved January 18, 2017.
^ Jump up to: a b c d e f Petski, Denise (November 12, 2015). "Mandy Moore, Milo Ventimiglia Lead Cast Of Dan Fogelman NBC Pilot". Deadline.com. Retrieved December 21, 2017.
^ Jump up to: a b c Desantis, Rachel (December 9, 2016). "This Is Us stars share family photo from set". Entertainment Weekly. Retrieved December 21, 2017.
^ Jump up to: a b Petski, Denise (November 30, 2015). "Chrissy Metz Joins Dan Fogelman NBC Pilot". Deadline.com. Retrieved December 21, 2017.
^ Jump up to: a b Petski, Denise (December 8, 2015). "'Grease Live' Casts Eve Plumb; Susan Kelechi Watson Joins Dan Fogelman Pilot". Deadline.com. Retrieved January 16, 2018.
^ Jump up to: a b Petski, Denise (July 29, 2016). "'This Is Us': Jon Huertas Joins Dan Fogelman NBC Dramedy". Deadline.com. Retrieved January 16, 2018.
^ Jump up to: a b Porter, Rick (September 21, 2016). "Tuesday final ratings: 'NCIS,' 'Brooklyn Nine-Nine' adjust up, 'This Is Us' & 'Bull' steady". TV by the Numbers. Archived from the original on September 23, 2016. Retrieved September 21, 2016.
^ Jump up to: a b Porter, Rick (September 28, 2016). "Tuesday final ratings: 'The Voice' adjusts up, 'Scream Queens' adjusts down". TV by the Numbers. Archived from the original on September 28, 2016. Retrieved September 28, 2016.
^ Jump up to: a b Porter, Rick (October 12, 2016). "'The Voice,' 'NCIS,' 'Flash' and ABC comedies adjust up, 'No Tomorrow' adjusts down: Tuesday final ratings". TV by the Numbers. Archived from the original on October 13, 2016. Retrieved October 12, 2016.
^ Jump up to: a b Porter, Rick (October 19, 2016). "'American Housewife' and 'The Voice' adjust up, 'Chicago Fire,' 'SHIELD' and 'Real O'Neals' down: Tuesday final ratings". TV by the Numbers. Archived from the original on October 19, 2016. Retrieved October 19, 2016.
^ Jump up to: a b Porter, Rick (October 26, 2016). "'American Housewife' adjusts up, final World Series numbers: Tuesday final ratings". TV by the Numbers. Archived from the original on April 13, 2017. Retrieved October 26, 2016.
^ Jump up to: a b Porter, Rick (November 2, 2016). "'The Flash,' 'Chicago Fire,' 'The Voice,' 'Fresh Off the Boat' adjust up: Tuesday final ratings". TV by the Numbers. Archived from the original on November 4, 2016. Retrieved November 2, 2016.
^ Jump up to: a b Porter, Rick (November 16, 2016). "'New Girl' adjusts up, all others hold: Tuesday final ratings". TV by the Numbers. Archived from the original on November 17, 2016. Retrieved November 16, 2016.
^ Jump up to: a b Porter, Rick (November 23, 2016). "'American Housewife' adjusts up, everything else holds: Tuesday final ratings". TV by the Numbers. Archived from the original on November 24, 2016. Retrieved November 23, 2016.
^ Jump up to: a b Porter, Rick (December 1, 2016). "'Fresh Off the Boat' & 'American Housewife' adjust up, 'No Tomorrow' adjusts down: Tuesday final ratings". TV by the Numbers. Archived from the original on December 1, 2016. Retrieved December 1, 2016.
^ Jump up to: a b Porter, Rick (December 7, 2016). "'NCIS' adjusts up, 'Agents of SHIELD' adjusts down: Tuesday final ratings". TV by the Numbers. Archived from the original on December 7, 2016. Retrieved December 19, 2016.
^ Jump up to: a b Porter, Rick (January 11, 2017). "'The Mick' and 'This Is Us' adjust up, 'Bones' adjusts down: Tuesday final ratings". TV by the Numbers. Archived from the original on January 12, 2017. Retrieved January 11, 2017.
^ Jump up to: a b Porter, Rick (January 19, 2017). "'Fresh Off the Boat' adjusts up: Tuesday final ratings". TV by the Numbers. Archived from the original on January 20, 2017. Retrieved January 19, 2017.
^ Jump up to: a b Porter, Rick (January 25, 2017). "'Chicago Fire' adjusts up, 'Agents of SHIELD' adjusts down: Tuesday final ratings". TV by the Numbers. Archived from the original on January 26, 2017. Retrieved January 25, 2017.
^ Jump up to: a b Porter, Rick (February 8, 2017). "'The Middle,' 'The Wall,' 'This Is Us,' FOX comedies all adjust up: Tuesday final ratings". TV by the Numbers. Archived from the original on February 8, 2017. Retrieved February 8, 2017.
^ Jump up to: a b Porter, Rick (February 15, 2017). "'American Housewife' adjusts up, 'Agents of SHIELD' and 'Tough Mudder' adjust down: Tuesday final ratings". TV by the Numbers. Archived from the original on February 16, 2017. Retrieved February 15, 2017.
^ Jump up to: a b Porter, Rick (February 23, 2017). "'The Flash,' 'NCIS,' all others unchanged: Tuesday final ratings". TV by the Numbers. Archived from the original on February 23, 2017. Retrieved February 23, 2017.
^ Jump up to: a b Porter, Rick (March 8, 2017). "'The Middle' and 'This Is Us' adjust up: Tuesday final ratings". TV by the Numbers. Archived from the original on March 9, 2017. Retrieved March 8, 2017.
^ Jump up to: a b Porter, Rick (March 16, 2017). "'This Is Us' finishes with season highs: Tuesday final ratings". TV by the Numbers. Archived from the original on March 17, 2017. Retrieved March 16, 2017.
Jump up ^ Andreeva, Nellie (March 6, 2017). "'This Is Us': Isaac Aptaker & Elizabeth Berger Named Co-Showrunners In New 20th TV Deal, 'HIMYM' Spinoff On Hold". Deadline.com. Retrieved September 7, 2017.
Jump up ^ "THIS IS US: SEASON 1 (2016)". Rotten Tomatoes. Fandango. Archived from the original on September 23, 2016. Retrieved September 21, 2016.
Jump up ^ "This Is Us: Season 1". Metacritic. CBS Interactive. Archived from the original on September 16, 2016. Retrieved September 15, 2016.
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Jump up ^ ""Our 10 Most Anticipated New TV Shows of." Fall 2016"". TV Guide. September 16, 2016. Archived from the original on October 8, 2016. Retrieved September 22, 2016.
Jump up ^ Hyman, Vicki (September 16, 2016). "TV review: The gentle genius of 'This is Us'". The Star-Ledger. Archived from the original on September 23, 2016. Retrieved September 22, 2016.
Jump up ^ Jensen, Jeff (September 19, 2016). "Fall TV reviews: This Is Us, Speechless, Designated Survivor, Pitch, and The Exorcist". Entertainment Weekly. Archived from the original on September 22, 2016. Retrieved September 22, 2016.
Jump up ^ Ihnat, Gwen (September 20, 2016). "This pilot sets a high bar for the rest of This Is Us". The A.V. Club. Archived from the original on September 21, 2016. Retrieved September 22, 2016.
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Jump up ^ Owen, Rob (September 20, 2016). "Tuned In: Fall's best drama pilot: Pittsburgh-set 'This is Us'". Pittsburgh Post-Gazette. Archived from the original on September 21, 2016. Retrieved September 21, 2016.
Jump up ^ Poniewozik, James (September 19, 2016). "Review: 'This Is Us' Is Skillful, Shameless Tear-Jerking". The New York Times. Archived from the original on September 20, 2016. Retrieved September 21, 2016.
Jump up ^ Bianco, Robert (September 20, 2012). "Review: 'This is Us' is heartfelt (if sweet-toothed) family drama". USA Today. Archived from the original on September 21, 2016. Retrieved September 21, 2016.
Jump up ^ Bianco, Robert (September 20, 2012). "This Is Us Is Must-Weep TV". The Atlantic. Archived from the original on September 20, 2016. Retrieved September 21, 2016.
Jump up ^ Fienberg, Daniel (September 20, 2012). "'This Is Us': TV Review". The Hollywood Reporter. Archived from the original on September 20, 2016. Retrieved September 21, 2016.
Jump up ^ McNamara, Mary (September 20, 2016). "Fall TV's hottest pilot hits 4 out of 5 of its marks. Will 'This Is Us' fill the 'Parenthood' gap". Los Angeles Times. Archived from the original on September 20, 2016. Retrieved September 21, 2016.
Jump up ^ D'Addario, Daniel (September 20, 2016). "This is Us Knows Exactly What It Is and Who It's For". Time. Archived from the original on September 20, 2016. Retrieved September 21, 2016.
Jump up ^ Travers, Ben (September 20, 2016). "'This Is Us' Review: Even After All Those Twists, We Don't Know What 'This' Is (Spoilers)". Indiewire. Archived from the original on September 22, 2016. Retrieved September 21, 2016.
Jump up ^ Saraiya, Sonia (September 20, 2016). "TV Review: 'This Is Us'". Variety. Archived from the original on September 23, 2016. Retrieved September 21, 2016.
Jump up ^ Dietz, Jason (January 6, 2017). "Best of 2016: Television Critic Top Ten Lists". Metacritic. Archived from the original on January 20, 2017. Retrieved January 6, 2017.
Jump up ^ Porter, Rick (October 4, 2016). "'Designated Survivor' is your premiere week DVR champion: Broadcast Live +7 ratings". TV by the Numbers. Archived from the original on October 4, 2016. Retrieved October 4, 2016.
Jump up ^ Porter, Rick (October 11, 2016). "'Designated Survivor' posts more big DVR gains: Broadcast Live +7 ratings for Sept. 26 - Oct. 2". TV by the Numbers. Archived from the original on October 11, 2016. Retrieved October 11, 2016.
Jump up ^ Porter, Rick (October 27, 2016). "'This Is Us', 'Big Bang', 'Designated Survivor', lead broadcast Live +7 ratings for Oct. 10–16". TV by the Numbers. Archived from the original on October 28, 2016. Retrieved October 27, 2016.
Jump up ^ Porter, Rick (November 4, 2016). "'This Is Us' and 'Agents of SHIELD' score in broadcast Live +7 ratings for Oct. 17–23". TV by the Numbers. Archived from the original on October 28, 2016. Retrieved November 4, 2016.
Jump up ^ Porter, Rick (November 10, 2016). "'This Is Us', 'Designated Survivor' stay on top in broadcast Live +7 ratings for Oct. 24–30". TV by the Numbers. Archived from the original on November 11, 2016. Retrieved November 10, 2016.
Jump up ^ Porter, Rick (November 17, 2016). "13 shows double, 'This Is Us' & 'Big Bang' lead broadcast Live +7 ratings for Oct. 31-Nov. 6". TV by the Numbers. Archived from the original on November 18, 2016. Retrieved November 17, 2016.
Jump up ^ Porter, Rick. "'This Is Us,' 'Big Bang', 'Designated Survivor' are the Big Three in week 9 broadcast Live +7 ratings". TV by the Numbers. Archived from the original on December 1, 2016. Retrieved December 1, 2016.
Jump up ^ Porter, Rick. "'New Girl' and 'Quantico' double in week 10 broadcast Live +7 ratings". TV by the Numbers. Archived from the original on December 8, 2016. Retrieved December 7, 2016.
Jump up ^ Porter, Rick (December 21, 2016). "6 shows double in week 11 broadcast Live +7 ratings". TV by the Numbers. Archived from the original on December 23, 2016. Retrieved December 23, 2016.
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Jump up ^ Porter, Rick. "'This Is Us' and TGIT rise above the rest in week 19 broadcast Live +7 ratings". TV by the Numbers. Archived from the original on February 11, 2017. Retrieved February 11, 2017.
Jump up ^ Porter, Rick (February 23, 2017). "'This Is Us' and 'Timeless' lead the week 21 broadcast Live +7 ratings". TV by the Numbers. Archived from the original on February 23, 2017. Retrieved February 23, 2017.
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Jump up ^ CNN, Lisa Respers France (December 14, 2016). "'Manchester by the Sea' leads film SAG Award nominations". Archived from the original on January 7, 2017.
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Jump up ^ "'This Is Us': Everything You Need To Know Before The Premiere". hollywoodlife. September 20, 2016. Archived from the original on September 21, 2016. Retrieved September 21, 2016.
Jump up ^ "CTV Unveils Fall Lineup". broadcastermagazine.com. August 30, 2016. Archived from the original on September 23, 2016. Retrieved September 20, 2016.
Jump up ^ "Milo Ventimiglia talks 'This Is Us' at CTV upfront". Ottawa Sun. June 8, 2016. Retrieved July 29, 2016.
Jump up ^ "This Is Us is premiered Tuesday 27 September on TV2". TVNZ. September 20, 2016. Archived from the original on October 11, 2016. Retrieved September 22, 2016.
Jump up ^ "'Channel 4 Sets UK Premiere Date For 'This Is Us". tvwise.co.uk. November 15, 2016. Archived from the original on November 23, 2016. Retrieved November 23, 2016.
Jump up ^ Knox, David (January 19, 2017). "Airdate: This is Us". TV Tonight. Archived from the original on February 20, 2017. Retrieved January 19, 2017.
[show]
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Buono
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text:
Schenck v. United States
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Schenck v. United States
Supreme Court of the United States
Argued January 8–10, 1919
Decided March 3, 1919
Full case name
Charles T. Schenck v. United States, Elizabeth Baer v. United States
Citations
249 U.S. 47 (more)
63 L. Ed. 470; 1919 U.S. LEXIS 2223; 17 Ohio L. Rep. 26; 17 Ohio L. Rep. 149
Prior history
Defendants convicted, E.D. Pa.; motion for new trial denied, 253 F. 212 (E.D. Pa. 1918)
Subsequent history
None
Holding
Defendant's criticism of the draft was not protected by the First Amendment, because it created a clear and present danger to the enlistment and recruiting service of the U.S. armed forces during a state of war.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinions
Majority
Holmes, joined by unanimous
Laws applied
U.S. Const. amend. I; 50 U.S.C. § 33
Overruled by
Brandenburg v. Ohio, 395 U.S. 444 (1969)
Schenck v. United States, 249 U.S. 47 (1919), is a United States Supreme Court case concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that defendants who distributed fliers to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.
The Court didn't continue to follow this reasoning to uphold a series of convictions arising out of prosecutions during wartime, but Holmes began to dissent in the case of Abrams v. United States, insisting that the Court had departed from the standard he had crafted for them, and had begun to allow punishment for ideas. But the Court has set another line of precedents to govern cases in which the constitutionality of a statute is challenged on its face.
Contents
[hide]
1 Background
2 The Court's decision
3 Subsequent jurisprudence
4 See also
5 References
6 Further reading
7 External links
Background[edit]
Schenck v. United States was the first in a line of Supreme Court Cases defining the modern understanding of the First Amendment. Supreme Court Justice Oliver Wendell Holmes, Jr. wrote the often-cited opinion in the case, because of events that were not publicly known at the time. The United States' entry into the First World War had caused deep divisions in society, and was vigorously opposed, especially by those on the radical left and by those who had ties to Ireland or Germany. The Woodrow Wilson Administration launched a broad campaign of criminal enforcement that resulted in thousands of prosecutions. Many of these were for trivial acts of dissent. In the first case arising from this campaign to come before the Court, Baltzer v. United States, the defendants had signed a petition criticizing their governor's administration of the draft, threatening him with defeat at the polls. They were charged with obstructing the recruitment and enlistment service, and convicted. When a majority of the Court voted during their conference to affirm the conviction, Holmes quickly drafted and circulated a strongly worded dissenting opinion:
Real obstructions of the law, giving real aid and comfort to the enemy, I should have been glad to see punished more summarily and severely than they sometimes were. But I think that our intention to put out all our powers in aid of success in war should not hurry us into intolerance of opinions and speech that could not be imagined to do harm, although opposed to our own. It is better for those who have unquestioned and almost unlimited power in their hands to err on the side of freedom.[1]
Rather than proceed in the face of Holmes's biting dissent, Chief Justice Edward Douglass White set the case aside and word of the situation evidently reached the Administration, because the prosecution was abandoned. White then asked Holmes to write the opinion for a unanimous Court in the next case, one in which they could agree, Schenck v. United States. Holmes wrote that opinion, and wrote again for a unanimous court upholding convictions in two more cases that spring, Frohwerk v. United States and Debs v. United States, establishing what remains the standard for deciding the constitutionality of criminal convictions based on expressive behavior. Holmes disliked legislative-style formulas, and did not repeat the language of "clear and present danger" in any subsequent opinion, however. The Schenck opinion alone accordingly is often cited as the source of this legal standard, and some scholars have suggested that Holmes changed his mind and offered a different view in his equally famous dissent in Abrams v. United States. The events leading to the assignment of the Schenck opinion to Holmes were discovered when Holmes's biographer Sheldon Novick unearthed the unpublished Baltzer opinion among Holmes's papers at Harvard Law School.[2]
Obverse
Reverse
The leaflet at issue in Schenck v. United States
The facts of the Schenck Case were as follows. Charles Schenck and Elizabeth Baer were members of the Executive Committee of the Socialist Party in Philadelphia, of which Schenck was General Secretary. The executive committee authorized, and Schenck oversaw, printing and mailing more than 15,000 fliers to men slated for conscription during World War I. The fliers urged men not to submit to the draft, saying "Do not submit to intimidation", "Assert your rights", "If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain," and urged men not to comply with the draft on the grounds that military conscription constituted involuntary servitude, which is prohibited by the Thirteenth Amendment.[3]
After jury trials Schenck and Baer were convicted of violating Section 3 of the Espionage Act of 1917.[4] Both defendants appealed to the United States Supreme Court, arguing that their conviction, and the statute which purported to authorize it, were contrary to the First Amendment. They relied heavily on the text of the First Amendment, and their claim that the Espionage Act of 1917 had what today one would call a "chilling effect" on free discussion of the war effort.[5]
The Court's decision[edit]
The Court, in a unanimous opinion written by Justice Oliver Wendell Holmes, Jr., held that Schenck's criminal conviction was constitutional. The statute only applied to successful obstructions of the draft, but common-law precedents allowed prosecution for attempts that were dangerously close to success. Attempts made by speech or writing could be punished like other attempted crimes; the First Amendment did not protect speech encouraging men to resist induction, because, "when a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right."[6] In other words, the court held, the circumstances of wartime allow greater restrictions on free speech than would be allowed during peacetime, if only because new and greater dangers are present.
The opinion's most famous and most often quoted passage was this:
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.[6]
The phrase "shouting fire in a crowded theater" has since become a popular metaphor for dangers or limitations of free speech.
Subsequent jurisprudence[edit]
In subsequent cases, when it appeared to him that the Court was departing from the precedents established in Schenck and companion cases, Holmes dissented, reiterating his view that expressions of honest opinion were entitled to near absolute protection, but that expressions made with the specific intent to cause a criminal harm, or that threatened a clear and present danger of such harm, could be punished. In Abrams v. United States, he elaborated on the common-law privileges for freedom of speech and of the press, and stated his conviction that freedom of opinion was central to the constitutional scheme because competition in the "marketplace" of ideas was the best test of their truth. In Whitney v. California (1927), concerning a conviction for seditious speech forbidden by California law, Holmes joined a concurring opinion written by Justice Louis D. Brandeis once again explaining the clear-and-present-danger standard for criminal attempts in these terms, reiterating the argument that political speech was protected because of the value of democratic deliberation. The Supreme Court continued to affirm convictions for seditious speech in a series of prosecutions of leftists, however, culminating in Dennis v. United States, 341 U.S. 494 (1951) in which a bitterly divided Court upheld the sedition convictions for the leaders of the Communist Party. Judge Learned Hand in the court below and Chief Justice Vinson for the plurality in the Supreme Court cited Schenck, and the language of "clear and present danger" accordingly fell into disfavor among the advocates of free speech and freedom of the press.
A unanimous Court in a brief per curiam opinion in Brandenburg v. Ohio (1969), abandoned the disfavored language while seemingly applying the reasoning of Schenck to reverse the conviction of a Ku Klux Klan member prosecuted for giving an inflammatory speech. The Court said that speech could be prosecuted only when it posed a danger of "imminent lawless action," a formulation which is sometimes said to reflect Holmes reasoning as more fully explicated in his Abrams dissent, rather than the common law of attempts explained in Schenck. Brandenburg is also taken to have repudiated the clear-and-present-danger standard as construed in Dennis, and to have adopted something more like the explication given by Holmes and Brandeis in subsequent opinions. Partly because the standard for protecting expressive behavior under the First Amendment was stated differently in his different opinions, "revisionist" scholars have argued that Holmes changed his mind in the summer of 1919, and that after writing three opinions for a unanimous court, he stated a different and more liberal view in his Abrams dissent a few weeks later.[7] Bolstered by this argument, a number of advocates for freedom of expression have insisted that the Supreme Court has rejected Schenck and the majority opinion in Abrams, and in practice has followed the reasoning of Holmes' Abrams dissent and Brandeis' and Holmes' concurring opinion in Whitney.[8] The Court has repeatedly reaffirmed Schenck, however, holding that the destruction of a draft card could be prosecuted as a violation of Selective Service regulations even though carried out as a protest (United States v. O'Brien), but that burning an American flag at a protest could not be prosecuted because it posed no danger of causing a harm that the legislature had power to forbid (Texas v. Johnson).
In 2010, the Supreme Court rejected the argument of Holmes's Abrams dissent. The facts in Holder v. Humanitarian Law Project were similar to those in Abrams: persons who planned to advocate the causes of Sri Lankan and Kurdish organizations, designated terrorist groups, had a reasonable fear of prosecution under the USA PATRIOT Act, 18 U.S.C. Section 2339B, for providing material support for terrorist organizations. The Supreme Court held that such prosecutions were not barred by the First Amendment, expressly rejecting the argument that a "specific intent" to assist terrorist acts was required, rejecting also the claim of the dissenting justices that the case was governed by the concurrence in Whitney, or by the standard stated in Brandenburg. Finally, in Citizens United v. FEC, the majority of the Court rejected the argument made by the dissenters that the First Amendment was premised on the value of democratic deliberation in the "marketplace of ideas." Instead, they held that First Amendment rights are individual, not based on communitarian considerations.
As the precedents stand at present, therefore, it appears that Schenck is still good law. Criminal attempts may be prosecuted even if carried out solely through expressive behavior, and a majority of the justices continue to view such prosecutions in the light of the majority opinion in Abrams: the Court will defer to legislative judgments, at least in national security matters, that some forms of political advocacy may be prosecuted.
See also[edit]
Freedom for the Thought That We Hate, by Anthony Lewis
References[edit]
Jump up ^ Sheldon Novick, "The Unrevised Holmes and Freedom of Expression," 1991 Supreme Court Review 303, 389 (1992)
Jump up ^ Sheldon Novick, "Preface, Honorable Justice at twenty-five," in Honorable Justice: The Life of Oliver Wendell Holmes (1989, 2013)
Jump up ^ Schenck v. United States, 249 U.S. 47, 49-51 (1917)
Jump up ^ University of Texas at Austin. "The Espionage Act and The Limitations of the First Amendment". edb.utexas.edu. , which prohibited willful obstruction of the recently-enacted draft.
Jump up ^ Brief of Plaintiffs in Error - Schenk
^ Jump up to: a b Holmes, Oliver Wendell. "Schenck v. United States 249 U.S. 47". Opinion. Legal Information Institute. Retrieved 23 February 2012.
Jump up ^ Albert W. Alschuler, Law Without Values: The Life, Work, and Legacy of Justice Holmes; Chicago University Press, 2000, ISBN 0-226-01520-3, pp 76-77, citing numerous commentaries
Jump up ^ Thomas Healey, The Great Dissent: How Oliver Wendell Holmes Changed his Mind--and Changed the History of Freedom of Speech in America (2013)
Further reading[edit]
Kessler, Mark (1993). "Legal Discourse and Political Intolerance: The Ideology of Clear and Present Danger". Law & Society Review. Law & Society Review, Vol. 27, No. 3. 27 (3): 559–598. doi:10.2307/3054105. JSTOR 3054105.
Smith, Stephen A. (2003). "Schenck v. United States and Abrams v. United States". In Parker, Richard A. (ed.). Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, AL: University of Alabama Press. pp. 20–35. ISBN 0-8173-1301-X. CS1 maint: Extra text: editors list (link)
Sheldon Novick, "Preface: Honorable Justice at Twenty-five," in Honorable Justice: the Life of Oliver Wendell Holmes (1989, 2013).
External links[edit]
Works related to Schenck v. United States at Wikisource
Text of Schenck v. United States, 249 U.S. 47 (1919) is available from: Cornell CourtListener Findlaw Justia OpenJurist Google Scholar
The Holmes Blog
First Amendment Library entry for Schenck v. United States
New York Times article on decision (March 4, 1919)
"Supreme Court Landmark Case Schenck v. United States" from C-SPAN's Landmark Cases: Historic Supreme Court Decisions
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Creationism
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Other
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Braunfeld v. Brown (1961)
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Harris v. McRae (1980)
Thomas v. Review Board of the Indiana Employment Security Division (1981)
United States v. Lee (1982)
Bob Jones University v. United States (1983)
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Employment Division v. Smith (1990)
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City of Boerne v. Flores (1997)
Watchtower Society v. Village of Stratton (2002)
Cutter v. Wilkinson (2005)
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Masterpiece Cakeshop v. Colorado Civil Rights Commission (under consideration)
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Freedom of speech (portal)
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Abrams v. United States (1919)
Gitlow v. New York (1925)
Whitney v. California (1927)
Dennis v. United States (1951)
Communist Party v. Subversive Activities Control Board (1955, 1961)
Yates v. United States (1957)
Bond v. Floyd (1966)
Brandenburg v. Ohio (1969)
Hess v. Indiana (1973)
False speech
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United States v. Alvarez (2012)
Fighting words and
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Feiner v. New York (1951)
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Edwards v. South Carolina (1963)
Cox v. Louisiana (1965)
Brown v. Louisiana (1966)
Adderley v. Florida (1966)
Carroll v. Town of Princess Anne (1968)
Coates v. Cincinnati (1971)
Organization for a Better Austin v. Keefe (1971)
Lloyd Corp. v. Tanner (1972)
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Virginia v. Black (2003)
Compelled speech
Minersville School District v. Gobitis (1940)
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Wooley v. Maynard (1977)
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Davenport v. Washington Education Association (2007)
Knox v. Service Employees International Union, Local 1000 (2012)
Agency for International Development v. Alliance for Open Society International, Inc. (2013)
Masterpiece Cakeshop v. Colorado Civil Rights Commission (under consideration)
National Institute of Family and Life Advocates v. Becerra (under consideration)
Loyalty oaths
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Communist Party of Indiana v. Whitcomb (1974)
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Hazelwood School District v. Kuhlmeier (1988)
Rosenberger v. University of Virginia (1995)
Morse v. Frederick (2007)
Obscenity
Rosen v. United States (1896)
United States v. One Book Called Ulysses (S.D.N.Y. 1933)
Roth v. United States (1957)
One, Inc. v. Olesen (1958)
Smith v. California (1959)
Marcus v. Search Warrant (1961)
MANual Enterprises v. Day (1962)
Jacobellis v. Ohio (1964)
Quantity of Books v. Kansas (1964)
Freedman v. Maryland (1965)
Ginzburg v. United States (1966)
Memoirs v. Massachusetts (1966)
Redrup v. New York (1967)
Ginsberg v. New York (1968)
Stanley v. Georgia (1969)
Cohen v. California (1971)
United States v. Thirty-seven Photographs (1971)
Kois v. Wisconsin (1972)
Miller v. California (1973)
Paris Adult Theatre I v. Slaton (1973)
United States v. 12 200-ft. Reels of Film (1973)
Jenkins v. Georgia (1974)
Erznoznik v. City of Jacksonville (1975)
Young v. American Mini Theatres (1976)
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American Booksellers v. Hudnut (7th Cir., 1985)
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People v. Freeman (Cal. 1988)
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Reno v. American Civil Liberties Union (1997)
United States v. Playboy Entertainment Group (2000)
Ashcroft v. Free Speech Coalition (2002)
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Nitke v. Gonzales (S.D.N.Y., 2005)
United States v. Williams (2008)
FCC v. Fox Televisions Stations - 2 cases (2009 and 2012)
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United States v. Stevens (2010)
Brown v. Entertainment Merchants Association (2011)
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Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982)
Walker v. Texas Division, Sons of Confederate Veterans (2015)
Matal v. Tam (2017)
Commercial speech
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Rowan v. U.S. Post Office Dept. (1970)
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
Bigelow v. Commonwealth of Virginia (1974)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Bates v. State Bar of Arizona (1977)
Linmark Associates, Inc. v. Willingboro (1977)
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
Consol. Edison Co. v. Public Serv. Comm'n (1980)
Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986)
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)
San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987)
44 Liquormart, Inc. v. Rhode Island (1996)
Sorrell v. IMS Health Inc. (2011)
Campaign finance and
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Buckley v. Valeo (1976)
First National Bank of Boston v. Bellotti (1978)
Citizens Against Rent Control v. City of Berkeley (1981)
Brown v. Socialist Workers '74 Campaign Committee (1982)
Regan v. Taxation with Representation of Washington (1983)
FEC v. Massachusetts Citizens for Life (1986)
Austin v. Michigan Chamber of Commerce (1990)
McIntyre v. Ohio Elections Commission (1995)
Colorado Republican Federal Campaign Committee v. FEC (1996)
Nixon v. Shrink Missouri Government PAC (2000)
Republican Party of Minnesota v. White (2002)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
FEC v. Wisconsin Right to Life, Inc. (2007)
Davis v. FEC (2008)
Citizens United v. FEC (2010)
McComish v. Bennett (2011)
American Tradition Partnership v. Bullock (2012)
McCutcheon v. Federal Election Commission (2014)
Williams-Yulee v. The Florida Bar (2015)
[show]
Freedom of the press
Prior restraints
and censorship
Near v. Minnesota (1931)
Lovell v. City of Griffin (1938)
Hannegan v. Esquire, Inc. (1946)
New York Times Co. v. United States (1971)
Miami Herald Publishing Co. v. Tornillo (1974)
Nebraska Press Ass'n v. Stuart (1976)
Landmark Communications, Inc. v. Virginia (1978)
Tory v. Cochran (2005)
Privacy
Time, Inc. v. Hill (1967)
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Florida Star v. B. J. F. (1989)
Taxation and
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Minneapolis Star Tribune Co. v. Commissioner (1983)
Defamation
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Curtis Publishing Co. v. Butts (1967)
Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler (1970)
Gertz v. Robert Welch, Inc. (1974)
Time, Inc. v. Firestone (1976)
Bose Corp. v. Consumers Union of United States, Inc. (1984)
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
McDonald v. Smith (1985)
Hustler Magazine v. Falwell (1988)
Harte-Hanks Communications, Inc. v. Connaughton (1989)
Milkovich v. Lorain Journal Co. (1990)
Obsidian Finance Group, LLC v. Cox (9th Cir., 2014)
Broadcast media
Red Lion Broadcasting Co. v. FCC (1969)
FCC v. Pacifica Foundation (1978)
Turner Broadcasting System, Inc. v. FCC (1994)
Bartnicki v. Vopper (2001)
Copyrighted materials
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Harper & Row v. Nation Enterprises (1985)
[show]
Freedom of association
Joint Anti-Fascist Refugee Committee v. McGrath (1951)
Watkins v. United States (1957)
NAACP v. Alabama (1958)
Baggett v. Bullitt (1964)
In re Primus (1978)
Roberts v. United States Jaycees (1984)
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995)
Boy Scouts of America v. Dale (2000)
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