Schenck v. United States

What was the name and year of the case?

Schenck v. United States (1919)

What was the main issue in the case?

Whether Schenck’s conviction under the Espionage Act for distributing anti-draft leaflets violated the First Amendment’s protection of free speech.

Who were the defendants in the case?

Charles Schenck and Elizabeth Baer

What was Schenck’s belief about the draft?

He believed it violated the Thirteenth Amendment’s prohibition against involuntary servitude.

Who wrote the majority opinion?

Justice Oliver Wendell Holmes, Jr.

What law did Schenck allegedly violate?

The Espionage Act of 1917

What was Schenck charged with?

Conspiracy to cause insubordination in the military and obstruct recruitment.

What was the Supreme Court’s ruling?

The Court ruled that the Espionage Act did not violate the First Amendment and upheld Schenck’s conviction.

What legal test did Justice Holmes introduce?

The “clear and present danger” test.

What analogy did Justice Holmes use to justify the ruling?

He compared the leaflets to falsely shouting “Fire!” in a crowded theatre, which is not protected speech.

What did the ruling establish about free speech?

Free speech can be limited if it presents a “clear and present danger” to public safety.

Did the ruling say the draft violated the Thirteenth Amendment?

No, the case did not address the legality of the draft itself.

What is one argument that the draft could violate the Thirteenth Amendment?

It forces people into military service against their will, which could be considered involuntary servitude.