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Schenck v. US Case Brief

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by

Matt Venable

on 9 December 2014

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Transcript of Schenck v. US Case Brief

Holding
Violation of First Amendment
Obstruction of the draft
Intent to weaken military defenses
Create clear and present danger
Reasoning
Espionage Act
Limitations to the First Amendment
Time of war and crisis
Decision
Peacetime flyers are different than war time
Espionage Act is not in violation of 1st Amend.
Created "clear and present danger"
Issue/Reason
Obstruction of the military draft by letter
Protected by Free Speech Clause?
Suspension of the Constitution in the time of war
Background
Secretary at Socialist headquarters
Intent to weaken the armed forces
Sent letters to soldiers to refuse service in the federal military draft
Conspiracy? Did the court have enough evidence to reach a verdict?
Argument
Freedom of speech and press
Use of postal services
Is conspiracy specifically stated in the Constitution?
Conspiracy in the time of war and crisis
Schenck
United States
Guilty
Schenck found guilty on all charges: 9 votes US- 0
Sent to federal prison for 6 months
"balancing test" (freedom of speech cases)
Schenck v. US Case Brief
THANK YOU!
Full transcript