A Basic Summary of the Case
During World War I, Charles Schenck mailed circulars to draftees, which advocated the belief that drafts are evils brought by America's capitalist system. The circulars pleaded with the draftees to petition against drafting by repealing the Conscription Act. For his actions, Schenck was indicted with the charges of conspiracy criminal obstruction and insubordination. The Court ruled against Schenck - despite his apparent protection of free speech in the first Amendment - because they claim that Schenck cannot be protected in this situation. As a result, the Court now finds that "the character of every act depends on the circumstances". When speaking for the Court's reasoning, Court Justice Oliver Holmes claims that when a person has "a nature as to create a clear and present danger" and attempt to bring about "substantive evils", it is up to the government to intervene. Therefore, based on the now created Espionage Act of 1917, certain liberties can be disregarded during times of war to ensure peace and prosperity for the nation.
No comments:
Post a Comment