LAD#26- Schenck vs. US case

The Supreme Court Case of Schenck v. The US all started when a man named Charles T. Schenck was found to be telling soldiers who had been called up into the military by the draft not to show up. He sent out flyers to many of the draftees telling them to refuse to join, and to use peaceful action like petition, for the removal of the Espionage Act. Mr. Schenck was arrested in violation of the Espionage Act on June 15, 1917. The Supreme Court ruled that The Espionage Acts were Constitutional. “The court alleges overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth.” Justice Wendell Holmes spoke the Court’s opinion and in a famous quotation he stated that Schenck was not protected under the First Amendment in these actions, “The question in every case is whether the words used at used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” As the court ruled, words spoken and actions taken during wartime are punishable even when they may not be during peace. Overall this was a very interesting decision by the court that has been looked back on numerous times since it occurred.