Wednesday, February 6, 2013

LAD #30

Summarize Schenck Vs.US Case

Charles Schenck was a socialist advocated who believed that the war would only benefit the rich and hurt the poor. Thus, he participated in several anti-war activities that were in violation of the Espionage Act. He was arrested in 1917 because he was against the war effort. He appealed his case to the Supreme Court saying that the act violated the first amendment. The court unanimously decided to uphold his conviction. Holmes decided that his actions were a "clear and present danger" to the country for working against the war effort. In addition, the certain rights that had to be sacrificed in war time for the good of the nation. Thus, he got punished for something he would have not been punished for during peacetime.


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