Schenck v. United States (1919)
DETAILS OF THE CASE:
During World War I, Schenck sent out circulars to draftees. These circulars claimed the draft was a horrible act and, promoted by capitalist system. Also in these circulars, Schenck advised the draftees to not submit to intimidation, and to peacefully petition for the repealing of the Conscription Act. He was then charged with conspiracy to violate the Espionage Act, citing he was attempting to disrupt recruitment and cause insubordination within the military.
CONSTITUTIONAL QUESTION:
Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
DECISION AND LASTING EFFECT:
9 votes for united states, 0 votes against. 1917 Espionage Act; US Const Amend 1. During peacetime, one can act in ways that would not be tolerable during wartime, such as speaking against the U.S. The lasting effect from this case would be most commonly known as "Habeas Corpus".
During World War I, Schenck sent out circulars to draftees. These circulars claimed the draft was a horrible act and, promoted by capitalist system. Also in these circulars, Schenck advised the draftees to not submit to intimidation, and to peacefully petition for the repealing of the Conscription Act. He was then charged with conspiracy to violate the Espionage Act, citing he was attempting to disrupt recruitment and cause insubordination within the military.
CONSTITUTIONAL QUESTION:
Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
DECISION AND LASTING EFFECT:
9 votes for united states, 0 votes against. 1917 Espionage Act; US Const Amend 1. During peacetime, one can act in ways that would not be tolerable during wartime, such as speaking against the U.S. The lasting effect from this case would be most commonly known as "Habeas Corpus".