- Charles Schenck
Charles T. Schenck was the general secretary of the
Socialist Party of America . He is notable for his involvement in the 1919 court case "Schenck v. United States ".Schenck had been indicted and tried for distributing 15,000 subversive leaflets to prospective military draftees during
World War I . The leaflets urged the potential draftees to refuse to serve, if drafted, on the grounds that military conscription constitutedinvoluntary servitude , which is prohibited by the Thirteenth Amendment. The Federal government held the position that Schenck's actions violated theEspionage Act of 1917 .Schenck was convicted, but he appealed to the
United States Supreme Court , arguing that the court decision violated his First Amendment rights. However, the Court unanimously upheld the his conviction. The decision, as delivered by JusticeOliver Wendell Holmes, Jr. onMarch 3 ,1919 , states::"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
Schenck served six months in prison. The decision remained in effect until 1969, when the Supreme Court narrowed its definition with the "
Brandenburg v. Ohio " ruling.
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