LAD #30

Summary of Schenck vs. US case

 Charles Schenck believed the Great War was hurting the nation because it benefited the rich over the poor. As a result he took to actions that went against the war. One of these was mailing circulars to draftees urging them to avoid joining the war. He was arrested in violation of the espionage act. He appealed his case to the Supreme Court on the basis that his first amendment (free speech) was violated. He lost because the court found that his actions were a "clear and present danger" to the nation since he was working against the war effort. It was believed that some rights had to be given up for the good of the nation during war.