Schenck v. United States (1919) :: essays research papers

Schenck v. United States (1919) The Schenck administration case of 1919 developed out of opposition to U.S. involvement in being War I (1914-1918). Antiwar sentiment in the United States was particularly solid among socialists, German Americans, and religious groups that traditionally supported antiviolence. In response to this outlook, carnal knowledge passed the Espionage Act of 1917. This law provided heavy fines and jail terms for interfering with U.S. legions operations or for causing or attempting to cause insubordination or disloyalty in the military. In addition, the act made it il healthy to obstruct recruitment efforts of the U.S. armed forces.Among the many Americans convicted of violating the Espionage Act was Charles Schenck, general secretary of the Socialist fellowship of the United States. In 1917 Schenck sent copies of a earn urging electric resistance to the military draft to 15,000 men who had been drafted but not yet inducted into the U.S. military. Schen cks letter claimed that the draft violated the 13th Amendment to the Constitution, which abolished slavery and prohibited involuntary servitude. Schenck argued that agonistic enrollment into the military was a form of involuntary servitude and therefore should be prohibited. The letters also claimed that businesses had conspired to lead the United States to war, against the interests of average Americans. Schenck advised readers to claim their individual rights by opposing the draft, but he did not like a shot promote violence or avoidance of the draft laws.Justice Oliver Wendell Holmes, Jr., delivered a judgment that established guidelines for evaluating the limits of free speech. In Schencks case, Court had to ensconce whether the First Amendment protected his words, even though it might have had the violence to cause opposition to the draft. The First Amendment states that Congress shall make no law...abridging the liberty of speech. The Court concluded that because Schenck s speech was intended to create opposition to the draft, he was not protected by the First Amendment. Holmes considered the context of Schencks speech as well as its intent. In his opinion, he created a new legal test the clear and present danger test that was designed to recognise when certain forms of speech were not protected by the First Amendment.