Case Analysis : Schenck V. United States

852 WordsDec 16, 20144 Pages
Shivani Patel Case Brief Schenck V. United States 1. Case Title: The title of the case is Schenck V. United States; it took place in 1919. The plaintiff is the United States and the defendant is Charles Schenck. 2. The law: This case involves the Espionage Act and the first amendment. United States convicted Schenck on the basis of violating the Espionage Act, specifically Section 3, which states when the United States is at war, people can not willingly cause or attempt to cause disloyalty and refusal of duty in the military or naval forces of the United States. On the defendant side, Schenck argued that his First Amendment right, specifically the freedom of speech provision, was being violated. 3. The Facts of the Case: The Espionage Act was passed in 1917 as a result of the United States ' involvement in World War I. In the name of national security, the American government passed different statutes that restricted provisions of the First Amendment. During this time Congress also passed the War Revenue Act, which increased income taxes to help fund the war. The Selective Service Act of 1917 also made it mandatory for men ages 21 to 30 (18 to 45 by 1918) to enlist in the war. In response to these laws and regulations, Schenck, a member of the Executive Committee of the Socialist Party, mailed leaflets to draftees urging resistance of the draft. Schenck, however did not actually get in the way of the military draft, although Justice Oliver Wendell Holmes claims that he
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