Schenck v. United States, 249 U.S. 47 (1919)
The plaintiff was Charles T. Schenck, General Secretary of the Socialist Party, who was convicted under the Espionage Act of 1917 of attempting to interfere with the operation of the United States Armed Forces, and who appealed his conviction to the US Supreme Court.
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Freedom of speech
Abrams v. U.S. and Schenck v. U.S.
Schenck v. United States, 249 U.S. 47 (1919)Schenck involved a protest of the draft during World War I, fought between 1914 and 1918. Charles T. Schenck was arrested in 1917 and charged under the Espionage Act of 1917, but his case didn't reach the US Supreme Court until 1919, at the conclusion of the War.For more information, see Related Questions, below.
United States v. Schenck et al., 253 F. 212 (E. D. Pa. 1918)Yes. The US Supreme Court affirmed the US District decision. Judge Whitaker Thompson had found both Schenck and Baer guilty under the Espionage Act and sentenced them to remarkably short terms. The maximum penalty for Schenck's alleged crime was 10 years in prison, plus a fine, for each of the three counts charged. Schenck was only sentenced to six months in prison; Baer was sentenced to 90 days.For more information, see Related Questions, below.
He was noted for his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States.For more information on Schenck v. United States, (1919), see Related Questions, below.
The US won
Abraham V. Schenck was born in 1821.
Abraham V. Schenck died in 1902.
World War I
Freedom of speech
"clear and present danger" doctrine to the First Amendment."
Plessy v. Ferguson, (1896) and Schenck v. United States, (1919) are two completely unrelated US Supreme Court cases. For more information on these cases, see Related Questions, below.
Frederik V Schenck van Toutenburg was born in 1503.
Frederik V Schenck van Toutenburg died in 1580.
Schenck v. United States, 249 U.S. 47 (1919)The plaintiff in error/petitioner was Charles T. Schenck, General Secretary of the Socialist Party, who was convicted under the Espionage Act of 1917 of attempting to interfere with the operation of the United States Armed Forces.The respondent/defendant was the United States, which Schenck and the National Civil Liberties Bureau believed had infringed his constitutional protection of free speech under the First Amendment by passing legislation that criminalized certain forms of political expression.For more information, see Related Questions, below.
Freedom of speech
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