Tuesday, February 5, 2013
LAD Blog #30 Schenck vs. US case
As a socialist Charles Schenck believed the war would only benefit the rich and hurt the poor. In order to support his cause he participated in several anti-war activities, which included mailing circulars to draftees. Stating that "a monstrous wrong motivated by the capitalist system". These however were in violation of the Espionage Act. Therefore in 1917 he was arrested for working against the war effort. He appealed his case to the Supreme Court saying that the Espionage Act violated the first amendment right of freedom of speech. The court unanimously decided that he is not protected in this situation. Holmes decided that Schneck's actions were a "clear and present danger" to the country for working against the war effort and concluding that things that are allowed during times of peace may be rejected during times of war.
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