U5 Schenck v. United States (1919)

Question 1

What are the facts of the case?

Answer 1

During WW1, Congress passed the Espionage Act of 1917 which forbid espionage for treason. Scheneck distributed thousands of leaflets urging draftees to resist draft through peaceful actions. Schenck was then charged for violating Espionage Act.

Question 2

What is the Question/Issue of the case?

Answer 2

Did Schenck’s conviction under Espionage Act for criticizing the draft violate his rights under free speech clause?

Question 3

What was the decision of the case?

Answer 3

Unanimous in favor of the United States. Court determined Espionage Act did NOT violate free speech clause and was an appropriate excercise of Congress’s wartime authority. Freedom of speech rights aren’t limitless and context of speech determines limits.

Question 4

What was the significance of the case?

Answer 4

Established “clear and present danger” standard, which has since been revised for the “imminent lawless action” standard.

Question 5

Is this an example of Judicial Restraint or Judicial Activism?

Answer 5

Judicial Restraint

Question 6

What is the constitutional clause involved in this case?

Answer 6

The Free Speech Clause of the First Amendment.