Schenck vs United States-The limits on Free Speech

Joe Bruno

Active Member
Oct 11, 2019
134
26
33
San Diego
This landmark Supreme Court case helped to define the limits of free speech in the United States. Schenck, a socialist and a pacifist, had been handing out pamphlets encouraging American men to avoid the military draft during WWI.

He was convicted of violating the Alien and Sedition Act in a lower court. He appealed to the SC and certiorari was granted.

Justice Holmes wrote that, in cases where there was a "clear and present danger" of harm to the public, the government may restrict speech. Obviously, Schenck's act seriously diminished the ability of the United States to defend itself.

This was the case where the picture of "yelling fire in a crowded theater" was mentioned in the majority opinion, although no actual case of that was ever brought before the court.

Schenck's conviction was upheld.

Schenck v. United States - Wikipedia
 

Forum List

Back
Top