USA HISTORY

AMERICAN IMPERIALISM(1890 1919)

END OF WWI

[SOURCES]
What decision did the Supreme Court make in Schenck vs. United States?

(A) The Espionage Act was unconstitutional

(B) The war draft was unconstitutional

(C) The war draft was constitutional

(D) ** The Espionage Act was constitutional

EXPLANATIONS BELOW

Concept note-1: -United States (1919) In the landmark Schenck v. United States, 249 U.S. 47 (1919), the Supreme Court affirmed the conviction of Charles Schenck and Elizabeth Baer for violating the Espionage Act of 1917 through actions that obstructed the “recruiting or enlistment service” during World War I.

Concept note-2: -In Schenck v. United States, Charles Schenck was charged under the Espionage Act for mailing printed circulars critical of the military draft. Writing for a unanimous Court, Justice Oliver Wendell Holmes upheld Schenck’s conviction and ruled that the Espionage Act did not conflict with the First Amendment.

Concept note-3: -No, Schenck’s actions were not protected by the free speech clause. The Court upheld the Espionage Act, ruling that the speech creating a “clear and present danger” was not protected by the First Amendment. The Court took the context of wartime into consideration in its opinion.

Concept note-4: -United States (1919), the Supreme Court upheld the act’s constitutionality. Writing for the majority, Justice Oliver Wendell Holmes Jr. held that the danger posed during wartime justified the act’s restriction on First Amendment rights to freedom of speech.