Schenck v. United States A Federal Crime - 1507 Words

Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917. This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this†¦show more content†¦In different ways, one can argue whether that is true or not. He also said that the Espionage Act broke the First Amendments promise ther â€Å"Congress shall make no law abridging the freedom of speech† which it s tated in the Bill of Rights(Schenck v. United States). The government has the power to limit your right if it sees that you can cause a threat to the nation. Schenck was a potention threat to the nation, and therefor the safety of the country and for the people allowed for the government to limit his speech. The Supreme Courts decision was the right decision because when determining something that involves the First Amendment issues, the Court must look at the circumstances surrounding the speech for the safety of the general. In peaceful times this wouldnt be a big thing and Schenck would have had full protection. However, Schenck caused harm including: fear, intimidation, insult, and emotional trauma to those who may have received his pamphlets whom most were the drafted military personnel. Since the United States was at war, the circumstances surrounding whether this was free speech or not changed Schenck had no right to integrate the military draftees (Alonso, Karen. Schenck v . United States: restrictions on free speech). The case was taken as if it wasShow MoreRelatedThe Espionage Act Of The United States2968 Words   |  12 PagesIn 1917 the United States government enacted a much disputed law entitled the Espionage Act. It had been debated in the years leading up to the United States involvement in World War I. Faced with outspoken citizens who were critical of any direct participation in the war and with a growing fear that any public dissent would make it difficult to conscript the needed man power for U.S. involvement, President Woodrow Wilson’s administration looked to make such actions criminal. 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