Saturday, February 12, 2011
LAD #30: Schenck v. US
Schenck v. United States was a supreme court case during world war one which upheld the espionage act of 1917. An important phrase resulting from the case was "Clear and Present Danger." Schenck was a socialist who was distributing pamphlets ridiculing the draft, stating it violated the thirteenth amendment. he was arrested and tried under the Espionage act of 1917, but appealed to the United States Supreme Court claiming that his rights to free speech had been violated. The court upheld the constitutionality of the Espionage act and Schenck was jailed for six months. It was stated that in times of war, it is sometimes necessary to restrict certain rights. Also, by criticizing the draft he was creating "clear and present danger" among other US citizens, much like yelling fire in a crowded theatre.
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