Schenck v. United States
United States Supreme Court
249 U.S. 47 (1919)
Relevant factsFree
During World War I, Schenck (defendant) mailed literature to draftees criticizing the draft and its political supporters, and the government indicted him for conspiring to violate the Espionage Act by encouraging insubordination in the military and obstructing recruitment. Schenck was convicted in federal district court and appealed, arguing the Act's restrictions on his mailed speech violated his First Amendment rights.
IssueFree
Whether the Espionage Act, prohibiting certain forms of otherwise protected speech during wartime, violates the First Amendment.