LAD 26- Schenck v. United States

Schenck v. United States

In this case of Schenck v. the United States the limits of Freedom of Speech were called into perspective. The case came into play after the leader of a Socialist party circulated a number of leaflets promoting the opposition of the draft from those recruited by it. This particular case caused the debate over where the limits to Freedom of Speech needed to be. As stated by Justice Holmes it can not be allowed for someone to use their freedom of speech in a way which would present a "clear and present danger" to the nation. The danger was clearly seen in this case as it was a very obvious encouragement of insubordination for those who were recruited by the draft. This insubordination would have caused a major problem and honest danger for the Nation as it was in the middle of war with Germany. A hinderence to the war effort like this simply could not be tolerated. Schenck was charged with an indictment of three counts, the first being a violation of the Espionage Act, the second was the intention to commit an offence against the United States and the third was the unlawful use of the mail system to spread these illegal actions. He was then found gulity of all counts and Holmes made the important distinction on Freedom of Speech when he claimed that, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." This scenario would cause cause choas considering everyone would be trying to get out and danger would be present for all who were there. This same danger would be present in the case of Schenck.