Background
What act did Schenck violate?
Espionage Act of 1917
What was Schenck trying to tell people through his pamphlets?
Schenck was trying to get people to think critically about the draft and to oppose it peacefully.
Why did the U.S. government argue that Schenck’s pamphlets were dangerous?
The U.S. government argued that Schenck’s pamphlets were dangerous because they encouraged people to oppose the draft, which could harm the war effort and national security during World War I.
What amendment did the Supreme Court focus on in the Schenck v. United States case?
1st Amendment
What was the test "Clear and Present Danger Test" changed to?
Brandenburg Test
Why did the U.S. government consider Schenck’s pamphlets a threat?
The government believed Schenck’s pamphlets, which encouraged people to resist the draft
Why did Schenck argue that the Espionage Act was unconstitutional?
it restricted free speech, which is protected by the First Amendment.
How did the U.S. government justify limiting Schenck’s free speech?
The government justified limiting Schenck’s free speech by saying that during wartime, some speech can be restricted if it creates a "clear and present danger" to national security.
What test did the Supreme Court use to determine if speech could be limited in Schenck v. United States?
Clear and Present Danger Test
Do you believe this case was an important part of history?
Yes
What was the main issue in Schenck v. United States?
The main issue was whether Charles Schenck’s distribution of anti-draft pamphlets during World War I was protected under the First Amendment’s right to free speech
What was Schenck’s argument regarding the "clear and present danger" standard?
Schenck argued that his pamphlets did not pose a "clear and present danger" to the United States. He believed his speech did not present any threat
Question: What law did the U.S. government use to argue that Schenck’s actions were illegal, and how did it relate to free speech?
The U.S. government used the Espionage Act of 1917, which made it illegal to interfere with military recruitment. They argued that Schenck’s actions violated this law, even if it restricted his First Amendment rights.
How did the Supreme Court justify ruling that the Espionage Act did not violate the First Amendment?
The Court justified the ruling by arguing that during wartime, speech that presents a clear and present danger could be restricted without violating the First Amendment.
Why is Schenck v. United States important in understanding free speech limitations in AP Government?
It is important because it established how free speech could be limited.