Standard 12.3
Summarize landmark U.S Supreme Court interpretations of the Constitution and its amendments.
Summarize landmark U.S Supreme Court interpretations of the Constitution and its amendments.
Schenck v. United States, 1919
1. Schenck was the general secretary of the Socialist Party of America.
2. Schenck got arrested for expressing how he felt.
3. The Espionage Act was
4. The Sedition Act made it a crime to interfere with the sale of Government securities.
5. Justice Oliver Wendell Holmes upheld Schenck's conviction, limitation on speech in time of war.
2. Schenck got arrested for expressing how he felt.
3. The Espionage Act was
4. The Sedition Act made it a crime to interfere with the sale of Government securities.
5. Justice Oliver Wendell Holmes upheld Schenck's conviction, limitation on speech in time of war.
Summary: The Schenck v. United States happened in 1919 during World War 1. This case is based on a three count indictment. The first charge was a plan to violate the Espionage Act of 1917. The second claims a plan to commit an offense against the United States. The third count claims an illegal use of the mails for the program of illegal matter. The document in question claims that the draft is a violation of the Thirteenth Amendment of the Constitution and encourages people to state your opposition to the draft. The defendants Schenck and other publishers of the flyers defendants were found guilty on all of the counts. Schenck was accused and convicted of violating the Espionage Act of 1917.
Question: Why did Schenck get arrested for free speech during World War 1?
Quote: "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. It is a question of proximity and degree."
- Justice Oliver Wendell Holmes, Jr., in Schenck v. United States, 1919
Links:
http://www.infoplease.com/us/supreme-court/cases/ar37.html
http://www.factmonster.com/ce6/history/A0843922.html
http://www2.maxwell.syr.edu/plegal/compulegal/cartoons/schenck.gif