Thursday, February 5, 2015

LAD #30: Schneck v. United States

Schenck was found guilty in the Schneck v. United States ruling, upon three accounts. These accounts included exercising actions in pursuit of a conspiracy, conspiring against the United States, and using the mail system to send items unlawfully. Schenck was a secretary to the Socialist party during WWI and was arrested for printing and distributing anti-war and anti-conscription pamphlets that caused insubordination among drafted men. His pamphlets argued that the Conscription Act and the Selective Service Act were unlawful because they supposedly violated the thirteenth amendment that forbade involuntary servitude. He also attested to the right of people to protest acts like these. He thought it was wrongful for humanity and only benefitted Wall Street's chosen few. When tried, Schneck argued for his right to free speech, however the Supreme Court declared that his actions instigated a clear and present danger to the rights of safe thought to other citizens--similar to shouting "fire" in a theater. In times of war, his actions could cause widespread panic and obstruct peace.




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