Background
Elizabeth Baer
What was the final majority decision?
0-9; Schenck for 0, United States for 9
During what time period did this case occur?
World War I
What did Schenck do to get arrested?
Advocated to stop the draft
What was the majority opinion?
The Espionage Act did not conflict with the First Amendment
True or False:
The First Amendment was constrained for the remainder of the war
True
What was Schenck distributing?
leaflets
What was the dissenting opinion?
There was none
What two clauses of what amendment did Schenck argue were violated?
Freedom of Speech and Freedom of Press clauses of the First Amendment
What was Schenck charged with and under what act?
He was arrested for conspiracy under the Espionage Act of 1917
Which justice wrote the majority decision?
Justice Oliver W. Holmes
What did the leaflets say about the Thirteenth Amendment?
Drafting violated the Thirteenth Amendment prohibition of "involuntary servitude"
When was the case argued, and when was it decided?
Argued: January 19-20, 1919
Decided: March 3, 1919
What two future Supreme Court Cases were argued that was based off of Schenck v. United States
Debs v. United States and Frohwerk v. United States
What effect did this case have on Congress?
The decision stated that the Espionage Act was an appropriate exercise of Congress' wartime authority