Schenck v. United States
Background
During World War One, Schenck was responsible for sending out circulars to draftees for the army. The circulars he sent out though suggested that the army was motivated by the capitalist system. They also suggested to try to repeal the conscription act by petitioning it peacfully. Schenck was then charged with conspiracy to violate the Espionage act, and for trying to mess up recruitment for the army.
Constitutional Question
The question is was these actions submitted by Schenck protected by the first amendment, the freedom of speech? or was his actions out of turn and deserve to be punished?
Lasting Effect
What was concluded by the unanimous court was that these actions were not protected by the first amendment. They said the it depends on the circumstances and if presents a path of being dangerous, it is not protected by freedom of speech. When speaking out against the government, you can't do it during war time especially when trying to mess with the draftees for the army.
During World War One, Schenck was responsible for sending out circulars to draftees for the army. The circulars he sent out though suggested that the army was motivated by the capitalist system. They also suggested to try to repeal the conscription act by petitioning it peacfully. Schenck was then charged with conspiracy to violate the Espionage act, and for trying to mess up recruitment for the army.
Constitutional Question
The question is was these actions submitted by Schenck protected by the first amendment, the freedom of speech? or was his actions out of turn and deserve to be punished?
Lasting Effect
What was concluded by the unanimous court was that these actions were not protected by the first amendment. They said the it depends on the circumstances and if presents a path of being dangerous, it is not protected by freedom of speech. When speaking out against the government, you can't do it during war time especially when trying to mess with the draftees for the army.