Schenck v. United States
249 U.S. 47 (1919)
📄 Read the Actual Opinion
U.S. Reports opinion (PDF) →📋 Summary of the Opinion
Charles Schenck was convicted under the Espionage Act for distributing leaflets urging resistance to the military draft during World War I. The Supreme Court upheld his conviction, ruling that free speech could be restricted if it posed a “clear and present danger” to significant government interests, such as wartime recruitment.
⚖️ Why It Mattered
This case established the clear and present danger test for evaluating limits on free speech, shaping First Amendment law for decades.
✅ What It Provided or Took Away
✅ Provided:
A framework for when government can restrict speech.
❌ Took Away:
Absolute protection for political speech during wartime. - Provided: A framework for when government can restrict speech.
🤔 Overreach or Proper Role?
It was a restrictive ruling, prioritizing wartime security over civil liberties. Many view it today as judicial overreach against free speech, though it reflected the fears of the WWI era.
💡 Plain-English Impact Today
Later cases replaced “clear and present danger” with stronger free speech protections. But Schenck remains a reminder that rights are most vulnerable during wartime.