Schenck vs. United States (1919)
Background and Details
Charles Schenck was the Secretary, and activist, of the Socialist Party of America. He mailed letters to military draftees, opposing the draft. In these letters he bashed the draft, calling it part of a capitalist system, monstrous, not to submit to intimidation, and to assert your rights. Schenck was peacefully petitioning the draft, but was charged with conspiracy for violating the Espionage Act of 1917. Charles took his case to the Supreme Court, claiming this violated his 1st Amendment rights.
Decision
9 votes for United States, 0 votes against. The Supreme Court ruled that the 1st Amendment did not protect speech encouraging insubordination.
Precedent
Congress has the power to prevent and charge those encouraging insubordination during wartime.
Charles Schenck was the Secretary, and activist, of the Socialist Party of America. He mailed letters to military draftees, opposing the draft. In these letters he bashed the draft, calling it part of a capitalist system, monstrous, not to submit to intimidation, and to assert your rights. Schenck was peacefully petitioning the draft, but was charged with conspiracy for violating the Espionage Act of 1917. Charles took his case to the Supreme Court, claiming this violated his 1st Amendment rights.
Decision
9 votes for United States, 0 votes against. The Supreme Court ruled that the 1st Amendment did not protect speech encouraging insubordination.
Precedent
Congress has the power to prevent and charge those encouraging insubordination during wartime.