Schenck v. United States

Front

What does the First Amendment to the U.S. Constitution protect?

Back

Freedom of speech

Front

What was the main concern that led to the passing of the Espionage Act of 1917?

Back

Foreign spies and Americans cooperating with U.S. opponents

Front

What was Charles T. Schenck's position regarding the draft?

Back

He opposed it and considered it unconstitutional

Front

What did Schenck's flier encourage draft-age men to do?

Back

Protest the draft

Front

What happened to Schenck?

Back

Schenck was arrested and convicted for distributing anti-draft leaflets.

Front

Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment free speech rights?

Back

No

Front

What was the unanimous decision of the Court in favor of?

Back

The United States

Front

According to Justice Holmes, what does the character of every act depend on?

Back

The circumstances in which it is done

Front

What did Justice Holmes say about speech that creates a 'clear and present danger'?

Back

It does not earn constitutional protection

Front

What example did Justice Holmes give to illustrate unprotected speech?

Back

Falsely shouting fire in a theatre