LAD/Blog #31: Schenck V. United States

LAD/Blog #31: Schenck V. United States:


In World War I, Schenck distributed circulars, which are letters addressed to a large group of people, with the purpose of getting the attention of those being drafted. He argued against the draft but only suggested peaceful action or resistance against the Conscription Act (and act that made the first wartime draft in the United States). However, Justice Holmes ruled that Schenck's actions violated the Espionage Act since his letters seemed to talk down the military and discourage people from attending. Holmes argued that Schenck's letters presented a "clear and present danger" so, Congress had the right to stop and prevent these actions.

This is similar to the Peter Zenger trial since in this trial, Zenger was tried with speaking out against the government like Schenck.

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