Keith Mack
During the First World War, the federal government imposed conscription into the armed services. In response, the Executive Committee of the Socialist Party in Philadelphia authorised General Secretary Charles Schenck to print and distribute 15,000 leaflets to the public, in collaboration with Elizabeth Baer. These leaflets criticised the draft and the US war effort, and Schenck and Baer were subsequently convicted of violating the Espionage Act of 1917.
| Characteristics | Values |
|---|---|
| Name of Law | Espionage Act of 1917 |
| What it made illegal | To "make or convey false reports or false statements with intent to interfere" with the U.S. military efforts |
| Who it was applied to | Charles Schenck and Elizabeth Baer |
| What they did | Printed and distributed 15,000 leaflets to the public, in collaboration with Elizabeth Baer, opposing the draft |
| Outcome | Convicted of violating the Espionage Act of 1917 |
| Appeal | Schenck appealed his conviction, arguing that the Act violated the First Amendment's protection of freedom of speech and freedom of the press |
| Appeal Outcome | Justice Holmes ruled that the Act did not violate the First Amendment, thereby affirming Schenck's conviction |
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What You'll Learn
Schenck v. United States (1919)
The decision in Schenck v. United States set a precedent for regulating the content of speech during wartime. It was followed by other cases, such as Debs v. United States (1919) and Frohwerk v. United States (1919), in which the Court upheld the government's authority to punish speech that could hinder military recruiting or enlistment. Justices Holmes and Louis D. Brandeis would later dissent in cases affirming convictions of political dissidents, such as Gitlow v. New York (1925). In 1969, Schenck was largely overturned by Brandenburg v. Ohio, which limited the scope of speech that the government could ban to that which was directed to and likely to incite imminent lawless action.
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The Espionage Act of 1917
During World War I, the United States federal government imposed conscription into the armed services. Opposing the draft, the Executive Committee of the Socialist Party in Philadelphia authorized General Secretary Charles Schenck to print and distribute 15,000 leaflets to the public, in collaboration with Elizabeth Baer. The leaflets declared that the Thirteenth Amendment prohibition against involuntary servitude meant that the draft was unconstitutional and should not be obeyed.
In 1917, Congress passed the Espionage Act, which made it illegal to "make or convey false reports or false statements with intent to interfere" with the U.S. military efforts. Schenck was convicted of violating this law because he mailed pamphlets to individuals enlisted in the draft that criticized the draft and the U.S. war effort. He appealed his conviction, arguing that the Act violated the First Amendment's protection of freedom of speech and freedom of the press. However, Justice Holmes ruled that the Act did not violate the First Amendment, thereby affirming Schenck's conviction.
The decision in Schenck was one of many providing a basis for regulating the content of speech during wartime. For example, in Debs v. United States (1919), the Court upheld the government's authority to punish the delivery of speech under the Espionage Act if it could prevent military recruiting. In Frohwerk v. United States (1919), the Court further upheld the government's ability to enforce a conspiracy charge under the Espionage Act based on newspaper articles.
In 1969, Schenck was largely overturned by Brandenburg v. Ohio, which limited the scope of speech that the government may ban to that directed to and likely to incite imminent lawless action (e.g. a riot).
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Schenck's conviction
Schenck was convicted of violating the Espionage Act of 1917, which made it illegal to "make or convey false reports or false statements with intent to interfere" with the U.S. military efforts. Schenck, the defendant, was found guilty of mailing pamphlets to individuals enlisted in the draft that criticised the draft and the U.S. war effort. He appealed his conviction, arguing that the Act violated the First Amendment's protection of freedom of speech and freedom of the press. However, Justice Holmes, writing for the majority of the Court, ruled that the Act did not violate the First Amendment, thereby affirming Schenck's conviction.
The decision in Schenck v. United States (1919) was one of several that provided a basis for regulating the content of speech during wartime. In this case, the 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. The socialists declared that the Thirteenth Amendment prohibition against involuntary servitude meant that the draft was unconstitutional and should not be obeyed.
The Schenck case was later largely overturned by Brandenburg v. Ohio (1969), which limited the scope of speech that the government may ban to that directed to and likely to incite imminent lawless action (e.g. a riot). Schenck was the first in a line of Supreme Court cases defining the modern understanding of the First Amendment.
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First Amendment freedoms
During World War I, First Amendment freedoms were restricted. The Espionage Act of 1917 made it illegal to "make or convey false reports or false statements with intent to interfere" with the U.S. military efforts. This meant that any criticism of the draft or the U.S. war effort was prohibited.
In the case of Schenck v. United States (1919), Charles Schenck and Elizabeth Baer of the Socialist Party in Philadelphia were convicted of violating the Espionage Act. They had printed and distributed 15,000 leaflets that criticised the draft and encouraged people not to obey it, arguing that it was a form of involuntary servitude and therefore unconstitutional. Schenck and Baer appealed their conviction, arguing that the Espionage Act violated the First Amendment's protection of freedom of speech and freedom of the press. However, the Supreme Court affirmed their conviction, ruling that the Act did not violate the First Amendment.
The decision in Schenck v. United States set a precedent for regulating the content of speech during wartime. In subsequent cases, such as Debs v. United States (1919) and Frohwerk v. United States (1919), the Court upheld the government's authority to punish speech that could interfere with military recruiting or enlistment services.
However, Justices Holmes and Louis D. Brandeis later dissented from these decisions, arguing that the Court had departed from the standard they had set and was now allowing punishment for ideas. In Gitlow v. New York (1925), they dissented from the majority's decision to uphold a conviction under New York's Criminal Anarchy Law of 1902 for distributing a socialist pamphlet.
In 1969, the Schenck decision was largely overturned by Brandenburg v. Ohio, which limited the scope of speech that the government could ban to that which was directed to and likely to incite imminent lawless action. This marked a shift in the modern understanding of the First Amendment and the protection of free speech.
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The Supreme Court's affirmation
In 1917, Congress passed the Espionage Act, which made it illegal to "make or convey false reports or false statements with intent to interfere" with the U.S. military efforts. The Act was passed following the United States' entry into World War I.
Charles Schenck, the defendant in Schenck v. United States (1919), was convicted for violating the Espionage Act. Schenck was the General Secretary of the Socialist Party in Philadelphia. He printed and distributed 15,000 leaflets to the public, in collaboration with Elizabeth Baer, opposing the draft. The leaflets criticised the draft and the U.S. war effort, declaring that the Thirteenth Amendment prohibition against involuntary servitude meant that the draft was unconstitutional and should not be obeyed.
The Supreme Court affirmed Schenck's conviction, ruling that the Espionage Act did not violate the First Amendment's protection of freedom of speech and freedom of the press. This decision was only one of several providing a basis for regulating the content of speech during wartime. For example, in Debs v. United States (1919), the Court upheld the government's authority to punish the delivery of speech under the Espionage Act if it could prevent military recruiting.
In 1969, Schenck was largely overturned by Brandenburg v. Ohio, which limited the scope of speech that the government may ban to that directed to and likely to incite imminent lawless action (e.g. a riot).
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Frequently asked questions
Schenck broke the Espionage Act of 1917.
Schenck mailed pamphlets to individuals enlisted in the draft that criticised the draft and the US war effort.
Schenck was convicted and appealed his conviction, arguing that the Act violated the First Amendment's protection of freedom of speech and freedom of the press.
Justice Holmes ruled that the Act did not violate the First Amendment, thereby affirming Schenck's conviction.
