some importances / significances of the case?
- This case changes the constitution by putting limits on the first amendment.
- It also made it clear if you presenting danger with your words you arent protected by the first amendment
What constitutional right was being violated ?
what were the arguments of the defendants?
What was the supreme courts vote in majority?
- It was a (9-0) vote. Justice Oliver Wendell Holmes wrote the decision for the Supreme Court. It supported Schenck's conviction, saying that it did not violate the First Amendment.
what are the concurrent and dissenting opinions?
what date for the majority decision ?
- March 3 ,1919 a few months after the case started.
- The United States was the defendent.
- The states argument was that it wasn't about the first amendment but about the drafting policy and this behavior can not be tolerated in a time of crisis.
- The constitutional right the state thought was being violated was the first freedom of speech.
- Schenck felt he was able to speak freely about the drafting policy but the states thought differently.
- The majority vote was (9-0) therefore there were no concurrent or dissenting opinions.
What was the courts decision?
- The court upheld Schnecks conviction as reasonable and acceptable limitation on speech in time of war.
Does this case remain relevant or has it been superseded by another case?
relief sought
- The plaintiff,Schenck, wanted not to be charged because he felt as he did not violate the first amendment.
- This case is still relevant today and was not superseded by any other case.
Facts of the case
wedsites i used
The flyer scheneck handed out
- In 1919 Charles Scheneck a leader of an antiwar group was arrested for handing out flyers and telling those who were drafted that they have the right to refuse.
- He felt as if this was one of his rights to speak freely and that he should not be arrested. The court then limited free speech in time of war.
- The supreme court stated , under these circumstances Charles presented a "clear and present danger" with his words.
- Later decisions modified the case created a understanding that the 1st amendment guarantees were not absolute .
What were the arguments of the plaintiff ?
www.infoplease.come
www.pbs.org
www.americanhistory.about.com
- Charles Schenck was the plaintiff
- His argument was that he felt that he was protected by the 1st amendment, freedom of speech.
Schenck .VS. United States