Case Brief 15 - Schenck v. United States PDF

Preview

Summary

It's a reading notes for the cases that we had to turn in every class...

Description

POL 226, Dr. Harriger – Janice Park Scheneck v. United States 249 U.S 47 (1919) Facts: Legally Relevant Facts : Charles T. Schenck was against the Conscription Act and he perceived it as a “despotism in its worst form.” He argued that the state has no right to force its citizens to go abroad and shot people in the other countries. Therefore, he printed and circulated 15,000 leaflets “which attacked the draft for World War I,” which he argued as a peaceful measure of asserting rights. In his paper, he also argued that if the citizens do not assert their rights, it is same with disparaging and denying their rights, and therefore the citizens must speak up and go against conscripton. Procedurally Relevant Facts : Schenck was charged with violating the Espionage Act of 1917.

Issue(s): Will the First Amendment of freedom of speech and print protect Schenck? Holding: Judgements of the lower court is affirmed, and Schenck is not protected under the First Amendment. Reasoning: It is true that the freedom of speech and freedom of print is protected under the First Amendment. However, under certain circumstance, the Amendment might not protect the individual’s speech or print. For example, if an individual is “falsely shouting fire in a theatre and causing panic,” the amendment will not protect the individual from getting accused. Likewise, in the circumstances that the nature of the speech or print is “to create a clear and present danger that they will bring about the substantive evils,” then the “Congress has a right to prevent.” As the United States was in a war during the time Schenck printed the leaflets, and especially as during the war many words that will not cause troubles and panic might cause problems, his actions are not protected by the First Amendment and he violated The statue of 1917 in 4, which punishes “conspiracies to obstruct as well as actual obstruction”...