LAD #30 - Schneck vs. US Case

Schenck vs. United States; Bear vs. United States
March 3rd, 1919
Summary:

The First Amendment protected the freedom of speech for the American people, yet during the case of Schenck vs. the United States, it was decided that this right could be prohibited when it posed a clear and present danger to the public. The result of these actions would depend on the context of the act, one such example of this being the attempt to persuade men away from joining the army. Schneck, who had a hand in this ordeal, attempting to bring about insubordination in the military forces of the United States through the use of anti-war documents. The defendants were found guilty on all charges, and even Schenck himself did not deny the claims made against them, as he had planned for the circulation of the leaflets. At one point it was said that there was insufficient evidence against him, yet the contrary was quickly proven, as the search warrant stated that the documents weren't even in his possession, yet were printed.

This case was seen as an attempt to "obstruct the recruiting or enlistment service," and urged the public "not to submit to intimidation" and to assert their rights, but with some limitations. Opposition to the draft was allowed to an extent while stating that the people "must do your share to maintain, support and uphold the rights of the people of this country."

With the nation at war, actions taken during times of peace that could be considered a "hindrance to its effort," would not be tolerated and dealt with by the Court.