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Schenck Vs. United States

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Lisa Lam

on 30 November 2015

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Transcript of Schenck Vs. United States

About Charles Schenck
Charles Schenck is the man that caused this case to erupt.

He was the general secretary of the Socialist Party of America.
What happened?
Throughout World War 1, Schenck mailed circulars to people who were drafted into the military.
The Case
The case was held on January 9th to 10th 1919.
The Verdict
The Impact
Background Information
To help enforce national unity the government added a few laws in the 1917-1918 that restricted 1st amendment freedom to stop antiwar dissent.

In 1917 they passed the Espionage Act, then, in 1918 they passed another law called the Sedition Act.

The Committee of Public Information distributed around 75 million copies of literature on behalf of the war effort. Most of the time, dissenters were silenced or sent to jail for their views.
Schenck Vs. United States
The circulars told that the draft was a horrible wrong driven by the capitalist system.

Schenck thought that the drafts were a form of slavery.

He was arrested for trying to form a mass protest against the draft.
Schenck was then arrested because the government believed that he was violating the Espionage Act.
Originally, Schenck was guilty of the trial but he appealed them by claiming that the US had sparked slave-like laws.
Schenck said that the 13th Amendment supported his point.

He believed that a military draft and being forced to be enlisted could be classified as a certain degree of slavery.

He also believed that the government wasn't allowed to censor his writings.
The original case decided that Schenck was guilty but he once again appealed their decision and brought it to the U.S. Supreme Courts.
Work Cited
"Espionage Act 1917." Babyportalense RSS. N.p., n.d. Web. 27 Nov. 2015.

"The Espionage Act Of 1917 And Sedition by Everett." Fine Art America. N.p., n.d. Web. 27 Nov. 2015.

Infoplease. Infoplease, n.d. Web. 27 Nov. 2015.

"Kids." Schenck V United States -. N.p., n.d. Web. 29 Nov. 2015.

McDaniel, Rick. "Amend the 13th Amendment." The Huffington Post. TheHuffingtonPost.com, n.d. Web. 29 Nov. 2015.
N.p., n.d. Web.

N.p., n.d. Web.

N.p., n.d. Web.
"Obama's Dubious Legacy: Intimidation of Whistle-Blowers Using the Espionage Act? | Nomadic Politics." Obama's Dubious Legacy: Intimidation of Whistle-Blowers Using the Espionage Act? | Nomadic Politics. N.p., n.d. Web. 27 Nov. 2015.

"Oregon & World War One: On the Home Front - The Draft Board Wants to See You." Oregon & World War One: On the Home Front - The Draft Board Wants to See You. N.p., n.d. Web. 28 Nov. 2015.

"Photos." Photos. N.p., n.d. Web. 28 Nov. 2015.
"Sam's Us History." : The Battle of 1919 Charles Schenck vs. Supreme Court. N.p., n.d. Web. 27 Nov. 2015.

"Schenck v. United States: Restrictions on Free Speech." Barnes & Noble. N.p., n.d. Web. 29 Nov. 2015.
"“Your Choice” Giveaway Winner | Making Precious Things Plain." Making Precious Things Plain. N.p., n.d. Web. 29 Nov. 2015.
There were 9 votes for the US and 0 vote Schenck.
The US won.
Why did they win?
The court decided that the US was right because during wartime, things that can be tolerated in peacetime can be punished.
"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 will bring about the substantive evils that Congress has a right to prevent." Said Oliver Holmes which is the person who wrote the majority opinion for this case.
The court made it clear with Schenck the difference between dangerous expressions and dangerous acts.
They stated that what Schenck was expressing in his writings were thought to be an immediate threat to the countries safety.
This case was important because the military needed to draft people in order to get people to fight for us.
If Schenck would've convinced the people not to be drafted then we wouldn't have had many soldiers to fight for us in World War 1.
The Clear and Present Danger limitation was created as a result of this case.
The short term impact is that no one listened to Schenck's circulars so there were still soldiers to fight for us in World War 1.
More Work Cited
"Archive of World War 1 Photos and Texts." WorldWar1Gallery.com. N.p., n.d. Web. 29 Nov. 2015.
"La Norma Y La Imagen." : Oliver Wendell Holmes: The Path of the Law. N.p., n.d. Web. 29 Nov. 2015.
"{{meta.pageTitle}}." {{meta.siteName}}. N.p., n.d. Web. 29 Nov. 2015.

"{{meta.pageTitle}}." {{meta.siteName}}. N.p., n.d. Web. 29 Nov. 2015.
"Oyez: Schenck v. United States, 249 U.S. 47 (1919), U.S. Supreme Court Case Summary & Oral Argument." Oyez: Schenck v. United States, 249 U.S. 47 (1919), U.S. Supreme Court Case Summary & Oral Argument. N.p., n.d. Web. 29 Nov. 2015.
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