State Historical Society of Iowa

U.S. Reports: Schenck v. United States, 249 U.S. 47, 1919

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Courtesy of Library of Congress, U.S. Reports: Schenck v. United States, 249 U.S. 47 (1919)

Description

Socialists Elizabeth Baer and Charles Schenck circulated pamphlets during World War I claiming that the draft went against the Thirteenth Amendment's ban on forced labor. The pamphlets recommended only nonviolent action but pushed people to defy the draft. Schenck was accused of conspiring to hinder military recruiting and induce insubordination in order to violate the 1917 Espionage Act. After being found guilty of breaking this legislation, Schenck and Baer filed an appeal, arguing that the statute was unconstitutional under the First Amendment.

Full transcript coming soon.

Source Dependent Questions

  • What language was used in the circular by Schneck that violated the Espionage act?
  • How did the United States government justify the limitation of the right to free speech? Use evidence from the text.
  • How does this case show the struggle to protect American Values it upholds?

Citation Information

Holmes, Oliver Wendell, and Supreme Court Of The United States. U.S. Reports: Schenck v. United States, 249 U.S. 47. 1918. Periodical. Courtesy of Library of Congress. Courtesy of Library of Congress