Schenck v. United States
.pdf
School
The University of Tennessee, Knoxville**We aren't endorsed by this school
Course
ENGL 248
Subject
History
Date
Dec 19, 2024
Pages
1
Uploaded by DukeSandpiper4435
Name of CaseSchenck v. United StatesYear1919Chief JusticeEdward Douglass WhiteDescribe the Facts of the CaseThe secretary of the Socialist party, CharlesSchenck, distributed anti-draft pamphletsduring World War I. The pamphlets handedout made claims that the draft was violated bythe Thirteenth Amendment. Under theEspionage Act of 1917, he was convicted asit deemed his actions an obstruction orinterference to military recruitment. However,Schenck felt that his actions were justifiableunder the First Amendment right that grantsfreedom of speech.Identify the Constitutional IssueThe Constitutional Issue in this case iswhether or not Schenck’s conviction beneaththe Espionage Act for distributing pamphletswith anti-draft agendas on it was theappropriate action to take or a violation to theFirst Amendment right of free speech?Explain the Majority OpinionIn a unanimous decision, the court upheldSchenck’s conviction. The case, which wasauthored by Justice Oliver Wendell HolmesJr., was the introduction of the “clear andpresent danger” test, meaning that speechcan be deemed as limited if it is posing as aserious threat to the public or nationalsecurity, which Schenck’s pamphlets were.Describe any dissenting and/or concurringopinionsThe decision was unanimous, therefore, therewere no dissenting opinions.Describe the Significance of this Decision(implementation, effect on daily life, et al.)This case led to there being limited freespeech during wartime, and established thatif speech was deemed as a “clear andpresent danger”, it can indeed be limited. Itreconstructed and further defined freespeech, and was later modified by the caseBrandenburg v. Ohio.Identify Any Related Cases●Debs v. United States●Brandenburg v. Ohio
