Document Study Schenck vs United States, 249 U.S. 47 (1919)

Examine any articles/ educational sites and examine:
Schenck v. United States, 249 U.S. 47 (1919)

Answer the following questions (at least two sentences each)

1. Who was Schenck?

2. What crime was committed?

3. Which constitutional issue was at stake?

4. Who or what defines “a clear and present danger”?

5. What is your reaction to the decision? (was it correctly decided?)

Document Study Schenck vs United States Assignment Requirements

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.

Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. Charles T. Schenck was general secretary of the U.S. Socialist Party, which opposed the implementation of a military draft in the country. The party printed and distributed some 15,000 leaflets that called for men who were drafted to resist military service.

Schenck was subsequently arrested for having violated the Espionage Act; he was convicted on three counts and sentenced to 10 years in prison for each count. Oral arguments at the Supreme Court were heard on Jan. 9, 1919, with Schenck’s counsel arguing that the Espionage Act was unconstitutional and that his client was simply exercising his freedom of speech guaranteed by the First Amendment. On March 3 the court issued a unanimous ruling upholding the Espionage Act and Schenck’s conviction.

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