Schenck+v+US


 * __Schenck vs. United States__** March 3, 1919

A Case Involving: __Free Speech__


 * //Background//**: Schenck mailed circulars to draftees during World War I. In his circulars he opposed the draft, and that it was a wrong motivated by the capitalist system. He advised peaceful action such as protesting the Conscription Act. He was arrested and charged under the Espionage Act in attempting to cause insubordination in the military and obstruct recruitment.


 * //Main Issue Presented to the Court//**: Was Schenck’s actions protected by the First Amendment?

__Cases before Court:__


 * United States: Schenck was promoting insubordination in the military and obstruct recruitment. He also was stirring up possible domestic protests in war-time


 * Schenck: This is protected by his First Amendment rights to not agree with the government

Reasoning: Tolerable actions in peacetime can be punished during war-time
 * Majority Decision **(All 9 Justices in agreement): In favor of United States


 * Dissenting Opinion **: None, all 9 in favor of U.S.

Sources: [] []