LAD #30: Schenck vs. US

The Schenck vs. US Court Case was very influential during the early 1900s in that it upheld the Espionage Act of 1917.  On March 3rd, 1919, Charles Schenck was arrested for mailing out flyers denouncing the draft.  Being the leader of the Socialist Party, there grew outrage over his charges as many stated that the first amendment protected his freedom of speech.  So, he challenged the Espionage Act which made it illegal to interfere with wartime activities.  He did not win however as Supreme Court Justice Holmes stated "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."