In your own words, provide the following information:
Schenck v. US
Background
During World War I, Congress passed the Espionage Act of 1917, which
made it a crime to convey information intended to interfere with the war
effort. The Act made it a crime to convey information intended to interfere
with the war effort. In his opinion for the Court, Holmes established the
famous “clear and present danger test”—
a key reminder that free speech
rights are not absolute. Justice Holmes and his colleague, Justice Louis
Brandeis, would lead the way with a series of famous free-speech opinions
over the next decade.
Facts
Schenck was charged with conspiracy to violate the Espionage Act of
1917 by attempting to cause insubordination in the military and to obstruct
recruitment. Schenck and Baer were convicted of violating this law and
appealed on the grounds that the statute violated the First Amendment.
Constitutional
Question/Issue
Did Schenck's conviction for criticizing the draft espionage bill violate his
First Amendment right to free speech?
Decision
Schenck v. United States, 249 Section 47 of the United States (1919)
upholds the Espionage Act of 1917, giving defendants under the First
Amendment the right to speak freely during World War II and to draft I. A
decision by the United States Supreme Court concluded that there was no
right to dissent.
