Sunday, February 12, 2012

LAD#30: Schenck vs United States

Summarize.
During WW1, Schenck mailed to draftees a circular suggesting the draft was a monstrous wrong motivated by the capitalist system, and urged the draftees not to submit to intimidation but instead advised peaceful action against it. Schenck was charged with conspiracy by attempting to cause insubordination in the military and obstructing recruitment.

The case decided unanimously that Schenck was not protected by the first amendment in this situation, because it was during wartime and every interpretation of an act depends on the circumstances. In this circumstance, judge Holmes said that free speech was only protected so far as it did not present a "clear and present danger".

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