LAD #30- Schenck vs. US

In March of 1919, an American socialist, Charles Schenck faced the Supreme Court because of the government's suppression of rights, he wanted to peacefully resist the Conscription Act. Schenck was a radical, working during the war to get men to "draft dodge" and this hindrance of recruitment caused him to be charged with a violation of the Espionage Act. Progressives believed the draft was unconstitutional because the thirteenth amendment outlawed involuntary servitude. The government issued the Espionage Act during the war, and like the Sedition Act passed by Great Britain, suppressed the freedom of speech. The Act was an excuse to imprison socialists who posed a threat to the war and the government. Schenck made an appeal to the Supreme Court and in it his argument was that the Espionage Act was unconstitutional, violating his First Amendment rights. Justice Oliver Holmes articulated that when free speech presents a "clear and apparent danger", especially during war time. Schenck's anti war writings had presented a danger to the U.S. war effort and attempted to get people to be military insubordinates. The government was afraid. They were in a war and they thought Schenck's actions could cause disobedience so they unanimously voted against him. Therefore it was ruled free speech can be limited in wartime.