LAD #30: Schenck V United States

Charles Schenck, an American socialist, was distributing fliers to young men, telling them to avoid enlisting in the Great War. Schenck stated that the draft was violating the Thirteenth Amendment because it enforced "involuntary servitude." He also claimed that the war was motivated by "capitalist greed." Schenck was charged with violating the newly enacted Espionage Act. More specifically, he was said to have been trying to incite insubordination in the military and naval forces. Schenck appealed his case to the Supreme Court on that basis that the Espionage Act violated the First Amendment. However, Justice Oliver Wendell Holmes stated that an individual's Freedom of Speech was not guaranteed when the speech would cause a "clear and present danger." This was a pioneering opinion in America, as Schenck's speech did cause a "clear and present danger" because he was creating military insubordination during wartime. The Supreme Court proceeded to vote unanimously against Schenck. Since then, the ruling has been overturned.