Question

What is the issue and the fact of Schenck V. United States?explain me briefly

Answer 1

The Case "Schenck V. United States" took place in 1919. At that time, Charles Schenck was serving as the general secretary of the socialist party. Socialists were against the war because they believed that war has been taking place because of the rich people and will only benefit them. On the other hand, poor & working class soldiers who will be actually fighting in the war will have to suffer & sacrifice their lives in the war. Schenck was involved in many antiwar activities. He distributed pamphlets urging draftees to refuse to serve in World War I. This was considered as violation of Espionage Act because he attempted to cause insubordination in the military and obstruct recruitment, due to which he was arrested. Espionage Act set stiff penalties for uttering & circulating false statements which are intended to interfere with the war effort. The case was argued on January 9, 1919 and decided on March 3, 1919. The issue involved was that whether the content of the pamphlet create a clear & present danger which is sufficient to constitute incitement to illegal activity. The pamphlet was intended to have an effect on the persons subjected to the draft. The content of the pamphlet fell into the unprotected category of incitement to illegal activity, therefore, there was no violation of Schenck's First Amendment rights (which provides guarantee of free speech). The decision that Supreme Court gave in Schenck V. United States was that dangerous speech could be restricted. People cannot use free speech that will put other people into danger. Words that will create a danger that they will bring about substantive evils will not be protected by first amendment. Wartime circumstances are crucial & therefore, this kind of speech cannot be protected by First Amendment. Use of such words during Wartime was dangerous for the entire nation. The Espionage Act was appropriate during wartime. Schenck lost this case & United states won. It was concluded that during wartime, utterances tolerable in peacetime can be punished. Government can take action against people whose speech will result in certain crime or bring about a clear danger that it will result in crime. Such speech will not be protected by the First Amendment.