Supreme Court Case Brief: Schenck V. United States

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Schenck v. United States Case Brief

CITATION
Schenck v. United States, 249 US 47 (1919)
PARTIES
Petitioner: Charles Schenck and Elizabeth Baer
Defendant: United States
FACTS
Petitioners, male and female socialist executives, violated the Section 3 of the Espionage Act of June 15, 1917 which carries a six-month imprisonment sentence by the Federal government.
PRIOR PROCEEDINGS
The petitioners were found guilty of Section 3 of the Espionage Act of June 15, 1917 by the United States District Court for the Eastern District of Pennsylvania. Petitioners filed a petition with the U.S. Supreme Court which granted certiorari.
ISSUE
Whether a conviction of Espionage is unconstitutional under the 1st amendment right of free speech, for an individual who distributes writing or speech that is anti-government?
HOLDING
No. The conviction of Espionage for writing and speech is constitutional if the material creates a situation of clear and present danger. Free speech material that can be shown to create clear and present danger can result in restrictions of 1st amendment rights.
REASONING …show more content…
30, tit. 1, § 3, 40 Stat. 217, 219 (Comp. St. 1918, § 10212c), by attempting to cause mutiny in the military services of the United States of America in a time of war. Both were executives of the socialist party that aimed to block military recruitment for the United States military. The petitioners created and distributed to civilians that were called for conscription under the Act of May 18, 1917, c. 15, 40 Stat. 76 (Comp. St. 1918, §§ 2044a–2044k). In addition, this material was unlawful to distribute through the mail according to title 12, § 2, of the Act of June 15, 1917 (Comp. St. 1918, §
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