Schenck v. US

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In 1917, a man by the name of Charles T. Schenck was arrested for violating the Espionage Act. The Espionage Act makes it illegal to, during wartime, “willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies [or] willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States.” Schenck was the General Secretary of the United States Socialist Party. The party opposed the military draft and distributed flyers urging drafted men to petition against their military duty. Schenck was sentenced to serve 10 years in prison.
An appeal was filed because Schenck and his counsel believed that the Espionage Act was unconstitutional due to its violation of the First Amendment. The United States asserted that Schenck violated the act by conspiring “to cause insubordination … in the military and naval forces of the United States.” Schenck also believed that the military draft was a slave-like institution and that it infringed upon the 14th amendment.
The Supreme Court Justices were Edward D. White, Willis Van Devanter, Oliver Wendell Holmes, Jr., James C. McReynolds, Louis D. Brandeis, William R. Day, John H. Clark, Mahlon Pitney, and Joseph McKenna at the time of this trial. The Supreme Court ruled in favor of the United States to uphold the Espionage Act and the conviction of Schenck. Justice Holmes delivered the unanimous opinion of the court. In this Holmes sa...

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