Case Overview
What year was Schenck V U.S. decided?
1919
What famous test did Justice Holmes create?
The "clear and present danger" test
What global conflict was occuring when Schenck V U.S. was decided?
WW1
The decision laid the groundwork for future decisions on?
Free speech limitations
Was the decision unanimous? True or False
True
What was the consititutional amendment at center?
1st ammendment
Court ruled that free speech can be limited during what situation?
Interfering with something Congress aims to present.
What was the purpose of the draft that Schenck opposed?
To recruit soilders for WW1
The "clear and present danger" test was later replaced by what test?
Brandenburg test
Who else helped mail pamphlets?
Elizabeth Baer
What was Charles Schenck distributing?
Pamphlets
What metaphor did Holmes use to describe limitations of free speech?
Fire analogy
What was the political movement was Schenck associated with?
Socialism
Why does this case matter?
It preserved social order.
What did Schenck state the draft was similar to?
Involuntary Servitude
What law did Schenck violate?
Espionage Act of 1917
How many pamphlets were handed out?
15,000
Who was the president at the time?
Woodrow Wilson
Who was a justice other than Oliver Holmes?
White, McKenna, Day, Von Devanter, Pitney, McReynolds, Brandeis, Clarke.
What drove the U.S. to enter WW1?
German submarine attacks.