Schenck vs United States

What did the Espionage Act of 1917 do?

• During World War I, American men had to serve in the military. Service was compulsory. This ensured America would have enough troops to fight.

• It restricted free speech during World War I. An American could be arrested if he/she spoke out against the war.

Why did President Woodrow Wilson want the Espionage Act?

• Wilson knew the war would be expensive, so the Espionage Act would encourage Americans to conserve resources and buy bonds.

• Wilson feared German immigrants living in America might rise up against the U.S. This law would diminish the opportunity for anti-American, anti-war activities/speech. 

What did Charles Schenck do that got him arrested? (refer to your 16.2 worksheet or look it up)

After his arrest, Schenck accused the government of what?

• mistreatment in jail

• denying his First Amendment right to freedom of speech

What is this analogy of not shouting "FIRE!" in a crowded movie theater all about? 

• If someone does this, when there really is no fire, the resulting panic might put people in danger. Restricting that speech is acceptable and constitutional.

• No speech should ever be restricted - ever!

So what?  What is this "clear and present danger" argument all about?

• Our civil right to speak without restriction should never be challenged.

• Speech that presents a "clear and present danger" can be restricted.