Essay - The Supreme Court vs. the First Amendment: Schenck v. United...

The Supreme Court vs. The First Amendment:

Schenck v. United States, 249 U.S. 47 (1919)

While at war with Germany during World War I, the ***** States Congress passed the Espionage Act, outlawing any attempt to foster insubordination or obstruct ***** draft. The Espionage Act, which was passed in 1914, made it illegal to defame the government or do *****thing that might impede the ***** effort.

Charles Schenck, a general secretary of ***** Socialist Party who opposed the war, printed and distributed 15,000 copies ***** a pamphlet urging c*****izens to oppose the draft ***** he likened ***** slavery. Many of Schenck's pamphlets were mailed to draftees and he was later arrested for conspiring to print and circulate material that would obstruct and hinder t***** enlis*****ment service ***** the United States. Schenck argued that ***** ***** Act violated his rights to freedom of speech and press.

***** case Schenck v. United ***** questioned whether Schenck's actions were protected by the free speech clause ***** the ***** Amendment. The ***** Court ruled against Schenck saying that the Espionage Act did not violate the first amendment and ***** in times of war the government may place reasonable limitations on freedom ***** speech. Justice Oliver Wendell Holmes outlined the courts opinion ***** explaining that when a "cle*****r ***** present danger" existed, freedom of speech ***** be limited. The defendant was found guilty on all counts.

***** Pamphlet

The ***** page of the pamphlet contained ***** text of Section ***** of the Thirteenth ***** ***** the Constitution, and on the flip side ***** printed (am*****g others) the following phrases: "Do not submit to intimidation," "Assert your Rights," "your right ***** assert your opposition to the draft" and "If you do not ***** ***** support your rights, you are helping to deny or disparage rights which it is ***** solemn duty ***** all citizens and residents of the United States to retain."

Schenck says in his pamphlet:

They are ********** servants; not your masters. Their wages come from the expenses of government which you pay. Will you allow them to unjustly rule you?"

He continues with, "***** you stand idly by and see the Moloch of Militarism reach forth across the sea ***** fasten its tentacles upon this continent? Are ***** willing to submit to the degradation ***** having the ***** of ***** United States treated as a "mere scr*****p ***** paper"?"

And "You are responsible. ***** must do your share to maintain, support, and uphold the rights of the people of ***** country."

Schenck's pamphlet finishes with, "In this world crisis where do you stand? Are you ***** the forces of liberty and light or war and darkness?"

***** Decision

Acc*****ding ***** Holmes, ***** central issue is whether the pamphlet can be protected under ***** circumstances. He ***** that the First Amendment ***** indeed protect this ***** "in ordinary times." But when there is a "cle*****r and present *****" ***** the speech will cause harm — coining the now-famous example ***** falsely shouting fire in