Schenck VS. US

By Sean McCants

BASIC FACTS

. Charles T schenck handed out 15,000 leaflets to draft-age men urging them not to submit to draft stating it violated the 13th amendment.

. Charles T Schenck was convicted for violating section 3 of Espionage and Sedition act of 1917

. Schenck appealed to the courts on the grounds that his conviction violated his freedom of speech under the First Amendment.

ISSUE BEFORE THE COURT

Is Charles T Schenck's distribution of the anti-draft leaflets a constitutional exercise of his right to free speech guaranteed under the 1rst amendment?

PRECEDENT

By unanimous opinion the Supreme court upheld Schenck’s conviction under the grounds that during war time one’s freedom of speech may be restricted if it affects the national security of the country by presenting a clear and present danger.

FREE SPEECH

HISTORIC SIGNIFICANCE!

This is historic because it challenged one of our most idolized ideals. The right to free speech. Free speech is considered an unalienable right that Schenck believed he was exercising. The Precedent of this court case is largely contradictory to the normal standards of our first amendment.

RELEVANCE TODAY?

This case is significant because it established our modern view on the first amendment and gave congress unique powers during times of crisis like war.

WHAT DOES THIS MEAN FOR THE FUTURE?

This issue may come up in the future as tensions with other countries worsen. The actions of the government to combat rising tension may not be agreed upon by the citizens of America and the citizens may protest the Gov.’s actions which undoubtedly brings up the issue of free speech once more.