Schneck v United States

Schneck v United States - Schenck v. United States 1918 I....

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Schenck v. United States 1918 I. Facts a. During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitments b. Schenck was secretary of socialist party --- so he had more influence II. Legal Questions presented a. Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment? b. III. Answers a. Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances. "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear
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This note was uploaded on 05/03/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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Schneck v United States - Schenck v. United States 1918 I....

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