LAD #30

Schenck vs. the United States

On March 3, 1919, the Schenck vs. the United States case was brought to the Supreme Court. The case was unique and tricky because it essentially was an indicament for three reasons. Schenck's first offense was causing insubordination in the military, thus violating the Espionage Act of 1917. Schenck's goal was to prevent the number of men who enlisted in the military during the war. This action was, of course, illegal. In addition to this wrong, Schenck committed a federal crime against the United States. Finally, Schenck, a socialist who was against the war, mailed documents that that were not legally mailable. He tried to defend himself by saying that he was not violating the Constitution because the Thirteenth Amendment supported "involuntary solitude" even though Schenck was publicizing documents that clearly did not support the war and were allowing recently drafted soldiers to see these documents. Although Schenck defended his actions and said they were legal when he was tried, he was accused of violating the Espionage Act. Judge Holmes created the Constriction Act and instituted the policy of "clear and present danger". This policy stated that one cannot yell "fire" in a crowded theater or abuse their freedom of speech when it could potentially harm others.