Schenck vs United States

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Presentation transcript:

Schenck vs United States By Jess Matthews nick

What is the constitutional issue involved in this case? Schenck responded that the Espionage Act violated the First Amendment of the Constitution. It forbids Congress from making any law abridging the freedom of speech.

Who were the parties involved in this case? Charles T. Schneck was general secretary of the U.S. Socialist Party. They opposed the implementation of a military draft in the country.

When and where did this case take place? This case took place on January ,1919 with Schenck's counsel arguing that the Espionage Act was unconstitutional. It took place in the United States.

What events lead up to the case going before supreme court? Charles Schenck was convicted in federal district court for violatin the Espionage act. He had been indicted for mailing anti draft leaflets to more than 15 thousand men in Philidelphia.

what was happening in the world that this case needed to be tried? The United States was in World War 1 during this time. And autism was founded

What was the Supreme Court’s ruling / decision? He decision, in addition to sending Charles Schenck to jail for six months, resulted in a pragmatic "balancing test" allowing the Supreme Court to assess free speech challenges against the state's interests on a case-by-case basis.

What was the reasoning given by the Supreme Court for making their decision? The United States Supreme Court case concerning enforcement of the Espionage Act of 1917 during World War 1. The first admendment did not alter the well established law in cases where the attempt was made through expressions that would be protected in other circumstances.

Opposing viewpoints Mr. Holmes said that the first charges a conspiracy to violate the espionage act of june 15, 1972.

How do you feel about the ruling? Why? I agree with this ruling because I dont agree with what charles did.