Transcript Schenck v. U.S. (1919)

Civil Liberties during Wartime
pg. 27 – Unit 5 Study Packet
Civil Rights During Wartime
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1790’s – Alien and Sedition Acts during
undeclared naval war with France (limited
freedom of speech/press)
1860’s Civil War – Lincoln suspended the writ of
habeas corpus; ( could arrest people without
charging them with a crime)
World War I – acts of sabotage on American
property by the Germans caused fear for
national security during wartime
Congress reacted
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Espionage Act – 1917
Prohibited disclosure
of gov’t or industrial
info regarding
national defense
Criminalized refusal to
perform military
obligations if
conscripted
$10,000 fine/20 years
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Sedition Act – 1918
Prohibited expression
of anti-war &
unpatriotic sentiments
Penalties if convicted
of “disloyal, scurrilous
or abusive language
against gov’t, its
actions, or its
symbols”
Eugene Debs – President of the
Socialist Party
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Sentenced to 10 years
in prison for calling
these laws
unconstitutional
Emma Goldman
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Anarchist and political
activist who protested
against the living and
working conditions in
the US
Deported to Russia as
an “foreign born
radical” aboard
“Soviet Ark”
Others were prosecuted
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Members of the
International Workers
of the World were
imprisoned for antiwar dissent (protest)
Conscientious Objectors
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Those who refuse on
moral or religious
grounds to bear arms in a
military conflict or to
serve in the armed
forces.
John T. Neufeld was
sentenced to 15 years
hard labor in the the
military prison in
Leavenworth. He was
later paroled.
Go to pg. 29 in Unit 5 Study Packet
Schenck v. U.S.
(1919)
Chief Justice: Edward D. White
The Case of Charles Schenck
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Charles Schenck, General Secretary of the
Socialist Party, opposed the war
Was arrested and convicted for violations
of the Espionage Act
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Mr. Schenck had mailed out 15,000 leaflets
urging opposition to the draft
Constitutional Issue
Did the Espionage Act violate the
1st Amendment protection of freedom of
speech?
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Decision
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Unanimous decision by the Court
Espionage Act was constitutional
Free speech was not an absolute right
Civil liberties may be limited during wartime
Mr. Schenck’s speech was not constitutionally
protected because it posed a “clear and
present danger” to the country and the
nation’s war effort
Conviction was upheld
Importance
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Court established the belief that a person’s
rights are not absolute (for all times and in all places).
The right to free speech does not allow a
person to shout “fire” in a crowded
theater.
The Court’s “clear and present danger”
ruling allows the restrictions of individual
rights in the interest of national security