Schneck v. U.S. 1919
Background: During WWI Schenck mailed leaflets to draftees, warning that the draft was a wrong motivated by the capitalist system by America. In addition they advocated peaceful action such as petitioning for the repeal of the conscription act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to obstruct recruitment and cause insubordination in the military.
Issue: Were Schenck's actions protected by the free speech clause of the First Amendment?
Ruling/Impact: The Court ruled Schenck was not protected by the free speech clause in this instance due to the circumstances. It was ruled that Schenck's actions presented enough of a danger that the Court had a right to prevent it. This set the precedent that during wartime, speech tolerable during peacetime was punishable by law.
Issue: Were Schenck's actions protected by the free speech clause of the First Amendment?
Ruling/Impact: The Court ruled Schenck was not protected by the free speech clause in this instance due to the circumstances. It was ruled that Schenck's actions presented enough of a danger that the Court had a right to prevent it. This set the precedent that during wartime, speech tolerable during peacetime was punishable by law.