Schenck v. United States
(Holmes)
Schenck believed that the US draft during the Great War was wrong. TO spread his opinions, he mailed circulars to draftees which urged them to resist the draft in peaceful ways. Because of his actions, Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause subordination in the military and to obstruct recruitment. Schenck was found guilty as Holmes and the unanimous court concluded that he was not protected in this situation by the first amendment. They said that it all depends on the circumstances. Schenck's circulars were a clear and present danger. They were clear because they obviously were advising against the draft and asking for resistance. They were present because during a war the draft is an extremely important aspect of national security. Therefore, if the US had not been in war this case may have ended differently but because of the current war, Schenck presented a CLEAR AND PRESENT danger.
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