Thursday, February 12, 2015

LAD #30: Schenck v. United States

People protesting against the decision in Schenck v. United States

During World War I, Schenck mailed circulars to people who were drafted, urging them to resist the draft by peaceful methods such as petitioning. Schenck was charge with conspiracy of violating the Espionage Act, which was made to prevent interference with military actions, recruitment, supporting of U.S. enemies in wartime and insubordination in the military. It was ruled that this didn't violate Schenck's free speech, and that the character of actions depended on the situation- since Schenck's statement was deemed to show "clear and present danger" that Congress could prevent, the Espionage Act took precedence over the 1st amendment. Holmes, a member of the Supreme Court who presented the verdict, stated that speech or actions tolerable in peacetime could be punishable in wartime if they were making or trying to make disturbances.

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