Sunday, February 3, 2013

LAD #30: Schenck vs. United States

Summary:
During the Great War Schenck sent out letters to draftees trying to get them to believe that the draft was an ugly and cruel thing. Many argued this was against the Espionage Act because it was trying to create subordination in the military and obligation to recruitment. Others argued still that it was not against the law because if it was it would be against the free speech clause of the First Amendment. The ruling was unanimous towards the United States saying it depended on the circumstance. Holmes states that the letters presented clear danger because the mailing of these letters meant a possible uprising of military.


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