LAD #30: Schenck v. United States

Charles Schenck mailed circulars to draftees during the Great War urging them to protest against the Conscription Act and petition to repeal it. The question that faced the Supreme Court was "Are Schenck's actions protected by the free speech clause of the First Amendment?" The Court said no, ruling in favor of the United States. Holmes, in the majority opinion, said that Schenck's conduct was unlawful under the Espionage Act. "The question in every case is whether the words used are 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." During wartime, the circumstances are different and what constitutes a clear and present danger is different from peacetime.


Schenck



Justice Holmes
















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