Wednesday, February 10, 2016

LAD #30: Schenck vs. US

During the Great War, there was a draft passed for men to join the war, called the Conscription Act. Charles Schenck mailed circulars to the draftees about peacefully resisting the draft.  He was charged with violating the Espionage Act because he was attempting to cause a "clear and present danger" to the US security and Congress has a right to prevent danger. So the First Amendment did not protect Schenck under these circumstances. This meant that actions tolerated during peace was not necessarily tolerated during wartimes, and Congress has a right to limit free speech if it threatens national security.   

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