Citation. 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470, 1919 U.S.
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The Petitioner, Schenck (Petitioner), distributed mailers that opposed the draft during World War I.
Synopsis of Rule of Law.
When speech presents a clear and present danger of bringing about harm that Congress has the power to prevent, restrictions on such speech are constitutional.
Facts.
The Petitioner sent mailers to all men that were drafted into the war. The flyer consisted of 2 pages that implored the draftees to “Assert Your Rights” and standup against the draft. The Respondent, the United States (Respondent), charged the Petitioner with conspiracy to violate the Espionage Act of 1917 by encouraging insubordination in the military.
Issue.
Is the Petitioner’s expression of his opinion of the draft protected speech under the First Amendment of the United States Constitution (Constitution)?
Held.
No. Because the nation is at war these types of expression encouraging disruption of wartime activities cannot be tolerated.
Discussion.
No actual obstruction of military recruiting resulted from the Petitioner’s actions. However, the circumstance of the times is what makes this unprotected speech. It was equated to yelling, “Fire!” in a crowded theatre. It was meant to induce panic and disrupt the security actions of the nation.
