Schenck v. United States (1919)

AP GOV Unit 2

What was the background information? What caused the casse?

Charles Schenck, a Socialist Party member, mailed 15,000 fliers to draft-age men arguing that conscription was "involuntary servitude" (violating the 13th Amendment) and urging them to resist the draft.

What was the legal conflict?

The legal conflict revolved around whether Schenck's actions constituted a violation of the Espionage Act and if his First Amendment rights were infringed by the government.

What were the findings?

The Supreme Court upheld Schenck's conviction, ruling that his free speech rights could be limited during wartime if it posed a "clear and present danger" to national security.

What was the significance of this case?

This case established that the First Amendment does NOT protect speech that encourages illegal action, providing a foundation for restricting free speech when it threatens national security.