SUPREME COURT: CASE STUDY WORKSHEET
Schenck v United States (1919)
1.
WHAT ARE THE FACTS OF THE CASE? What happened in this case? Who
were the people/organizations involved? How did the lower courts rule on this
case? (Note: This would be if the case was on appellate review)
In this case, a well-known socialist named Charles Schenck, tried to distribute
thousands of anti-draft flyers to service men and women who had just been drafted into
the army and navy during World War I. In these flyers, he compared the draft to
involuntary servitude, which was made illegal in the 13th amendment of 1865. Schenck
was charged and found guilty of violating the Espionage Act, stating that he had been
conspiring to cause ‘insubordination’ in the military and navy. He was found guilty and
convicted.
Schenck believed that his right to free speech was violated.
2.
CONSTITUTIONAL QUESTION:
What is the constitutional question?
Do individuals have the right to free speech that questions government actions in
time of war?
What specific part of the Constitution/statute is involved?
The first amendment, free speech, is being questioned.
3.
COURT'S DECISION AND REASONS
This is the court's answer the constitution/legal question.
The Supreme Court upheld Schenck’s conviction.
Majority Opinion (a summary of the important points)
Justice Oliver Wendell Holmes explained that the Espionage Act does not violate
free speech when the person fully intends to undermine the government, especially in
time of war. His flyers were designed to do exactly that.
In time of peace, such words could be seen as harmless. However, in time of war,
his flyers could have the equivalent reaction as those for someone who yells “Fire!” in a
crowded theatre.
His speech had created a clear and present danger of insubordination in wartime.
Dissenting Opinion, if given (a summary of the important points)
The decision was unanimous (9-0). There was no dissenting opinion.
4.
EVALUATING THE DECISION AND PREDICTING THE IMPACT
What, if any, impact does this case have today?
Free speech rights have limits. If your speech has the possibility of causing a
clear and present danger to others or your country, it will not be protected by the first
amendment.