LAD #30

LAD #30

       Schenck sent a message to the public that they peacefully resist the conscription Act in place during the Great War. Because of this he was charged with the violation of the Espionage Act due to obstuction to recruitment. In responce to the circumstances, Holmes declared that Schenck's words were not protected under the first amendment. The United States could not afford Schenck's actions because they were at war and his actions caused a "clear and present danger" to the US. The government was fearful that people would follow Schenck and disobey the laws and the government. This case established congress's power over the freedom of speech during war time because it was deemed necessesary.