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The amendment that truly ended slavery and any form of involuntary service. Schenck believed that this right was taken away from drafted soldiers under the newly established espionage act. He believed that this was a form of involuntary service as these men had no intention of going into combat.
After a unanimous decision Supreme court judge Oliver Wendell Holmes agreed against the precedent set before him. There were many political issues surrounding the war especially the newly cast Espionage act. This act entailed the following, men of age in the U.S were conscripted into the armed forces and those who obstructed this, made them disloyal or disobedient would be jailed. A socialist Known as Charles Schenck circulated letters detailing the acts these draftees should take in order to protect their constitutional rights. The rights that were being discussed was that of free speech and that within the thirteenth amendment in which involuntary service is illegal. Shenck believed that his right of free speech allowed him to commit his acts of defiance against the wrong that he was witnessing.
Schenck used the free speech within the first amendment to help defend the acts he took part in. Sending out the various pamphlets, telling draftees not to comply with the orders given was some of the things within the pamphlets. This was an outraged to the government as they believed this can relate to the limits that certain rights have.In the supreme court, telling soldiers not to serve their country is equally as dangerous as yelling fire in a crowded theater.
The ruling was unanimous within the entire court. It was clear to the judges along with the rest of society that dissent in any form was a risk to national security. The ruling was given by Justice Oliver Wendell Holmes with a 9-0 majority vote, Charles Schenck was indeed going against the law. The implications of the case had far reaching rule as free speech was being understood to a greater degree to more and more people. Free speech only works to a fine point in which saying your mind and saying bomb on a plane have become two completely different things.
When the right of free speech comes into mind what do you think of? You would probably say the "right to speak your mind".This only holds some truth as during times of war this precedent cannot be uphold due to a risk in national security. The court case affected american understanding of the right in a great way. The question of, "When free speech works", was answered with reasonable ground.