Literature Study GuidesSchenck V United States

Schenck v. United States | Study Guide

United States Supreme Court

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MLA

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Course Hero. "Schenck v. United States Study Guide." Course Hero. 21 Dec. 2018. Web. 22 Jan. 2019. <https://www.coursehero.com/lit/Schenck-v-United-States/>.

In text

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APA

Bibliography

Course Hero. (2018, December 21). Schenck v. United States Study Guide. In Course Hero. Retrieved January 22, 2019, from https://www.coursehero.com/lit/Schenck-v-United-States/

In text

(Course Hero, 2018)

Chicago

Bibliography

Course Hero. "Schenck v. United States Study Guide." December 21, 2018. Accessed January 22, 2019. https://www.coursehero.com/lit/Schenck-v-United-States/.

Footnote

Course Hero, "Schenck v. United States Study Guide," December 21, 2018, accessed January 22, 2019, https://www.coursehero.com/lit/Schenck-v-United-States/.

Overview

Author

United States Supreme Court

Year Decided

1919

Type

Primary Source

Genre

U.S. Supreme Court Case

At a Glance

  • Charles T. Schenck, a Socialist Party member, printed and distributed protest pamphlets to men who had been drafted into the U.S. military during World War I (1914–18). He was convicted of violating the Espionage Act of 1917, which prohibited interfering with military enlistment.
  • The Supreme Court ruling in Schenck v. United States addressed the limits of free speech. In presenting the majority opinion, Justice Oliver Wendell Holmes Jr. (1841–1935) affirms Schenck's conviction because Schenck's dissemination of his printed words constituted a "clear and present danger."
  • The "clear and present danger" standard for restrictions on free speech would remain in effect until Brandenburg v. Ohio (1969), since which time the court has gone by the "imminent lawless action" standard.

Summary

This study guide for United States Supreme Court's Schenck v. United States offers summary and analysis on themes, symbols, and other literary devices found in the text. Explore Course Hero's library of literature materials, including documents and Q&A pairs.

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