Schenck v.

United States
1919
 How it Started

During World War I, socialists Charles Schenck and

Elizabeth Baer distributed leaflets declaring that the
draft violated the Thirteenth Amendment prohibition
against involuntary servitude. The leaflets urged the
public to disobey the draft, but advised only
peaceful action. Schenck was charged with
conspiracy to violate the Espionage Act of 1917 by
attempting to cause insubordination in the military
and to obstruct recruitment.
District Court for the Eastern APPELLANT
District of Pennsylvania Charles Schenck

Argued Jan 9 - 10, 1919 APPELLEE

Decided Mar 3, 1919 United States
 Constitutional Issues

Criticizing the draft was thought to violate the First Amendment’s Free
Speech clause. The socialists were convicted of violating the Espionage
Act of 1917 by attempting to pose a threat to the nation. The government
protects citizens and the US argued that the speeches would cause harm to
the citizens.
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.
 Decision and Rationale

The court held that the Espionage Act did not violate the First Amendment. The
court argued that greater deference was owed to the government during wartime.
The clear and present danger doctrine argues that the First Amendment does not
protect speech that approaches “significant evil" that Congress has the power to
prevent.
 Justice Oliver Wendell
Holmes, Jr., likened
Schenk's actions to falsely
shouting "Fire!" in a
crowded theatre, which
the First Amendment does
not allow.
The ruling has since been overturned, but the case is
still significant for creating the context-based
balancing tests used in reviewing freedom of speech
challenges.
Question for officer keyes
 works cited

https://www.thirteen.org/wnet/supremecourt/capitalism/landmark_schenck
.html
https://www.oyez.org/cases/1900-1940/249us47
https://www.britannica.com/event/Schenck-v-United-States