Schenck v. United States: 1st Amendment video

Context of the Case

• Early 1917 marked the height of World War I in Europe.
• The U.S. initially remained neutral but leaned towards the Allied Forces.
• Germany's unrestricted submarine warfare and the Zimmerman Telegram (proposing a German-Mexican alliance against the U.S.) prompted President Wilson to seek a war declaration.
• On April 6, 1917, the U.S. declared war on Germany, entering World War I.

Legislation

• The Selective Service Act of 1917 required men aged 21-30 to register for military service; this was later expanded to include men aged 18-45.
• The Espionage Act of 1917 aimed to prevent criticism of the government and actions against the war effort, with punishments up to 20 years in prison.
• The Espionage Act criminalized speech or actions that obstructed or discouraged military recruiting.
• Over 2,000 people were imprisoned for violating the Espionage Act.

Charles Schenck and the Socialist Party

• Charles Schenck, General Secretary of the Socialist Party of America, opposed U.S. involvement in World War I.
• Schenck printed and distributed 15,000 leaflets to encourage draftees to peacefully resist the draft.
• The leaflets cited the 13th Amendment and urged petitioning the government for change.
• Schenck's leaflets aimed to disrupt the draft but did not advocate violence or disobeying the Selective Service Act.

Legal Proceedings

• Schenck was arrested and charged with violating the Espionage Act of 1917.
• The district court found Schenck guilty and dismissed his First Amendment concerns.
• Initially, the First Amendment was interpreted to only protect against prior restraints on publication.
• The "bad tendency test" was applied, allowing speech restriction if it tended to cause conduct the government could rightfully prevent.

Schenck vs. United States

• Charles Schenck appealed his case to the U.S. Supreme Court.
• The Supreme Court agreed to hear arguments on whether Schenck's leaflet distribution was protected under the First Amendment rights of speech and press.
• Schenck argued the Espionage Act violated the First Amendment by suppressing opposition to the draft when advocated through legal means.
• The government argued that ensuring successful war prosecution was a legitimate exercise of war power.

Supreme Court Decision

• The Supreme Court unanimously upheld Schenck's conviction, deciding the Espionage Act did not violate the First Amendment.
• Justice Oliver Wendell Holmes authored the opinion, introducing the "clear and present danger" test.
• The Court reasoned that the leaflets, while harmless in peacetime, could be destructive during wartime by potentially interfering with military objectives.
• The Court likened Schenck's actions to "falsely shouting fire in a theater and causing a panic."
• The Court determined that Congress could suppress speech posing a "clear and present danger" to legitimate government goals such as prosecuting a war.

Significance and Impact

• Schenck v. United States was the first time the Supreme Court authoritatively stated that First Amendment protections extended beyond limiting prior restraints.
• The "clear and present danger" test was established to evaluate seditious speech, but it was not applicable to cases involving defamation, obscenity, or commercial speech
• The clear and present danger test was used for nearly 50 years.
• In 1969, the Supreme Court case Brandenburg vs. Ohio established the "clear and imminent danger" test.
• The "clear and imminent danger" test protects more speech by requiring an immediate danger.
• The version of the "clear and present danger" test applied in Schenck v United States no longer exists as a matter of law.

Schenck v. United States examines free speech limitations during wartime. The 1919 Supreme Court case arose from Charles Schenck's opposition to the draft during World War I. The Espionage Act of 1917 and the limitations on free speech are also discussed.