LAD #30: Schenck vs. US

In the time period leading to WWI, a socialist advocate named Charles Schenck took action in hope of destroying the draft policy implanted by the government. He stated that the draft violated the 13th Amendment because it supported the concept of "involuntary servitude." Due to his attempt at the prevention of recruitment by draft, he was charged with violation of the Espionage Act. Schenck stated that the 1st Amendment supported his right of Freedom of Speech, and believed that what he was doing was not unconstitutional. Holmes declared that the words used by Schenck would bring out a "clear and present danger." Holmes believed that Congress had the right to prevent evils that would have derived from the ideas and words of Schenck, by limiting the power of the 1st Amendment.