Schenk+v.+United+States

**Schenk v. United States**

**Summary of the case:**
====Charles Schenk, a man who was against war, mailed thousands of pamphlets to men drafted into the army. The pamphlets talked about things like how the government had no right to send Americans into foreign countries, only to kill that country’s citizens.====

====The government accused Schenk of violation OF the Espionage Act, an NO CAPS Act passed in 1917 that said that during wartime, obstructing the draft and trying to make soldiers disloyal or disobedient were crimes. They accused Schenk of intending to use his pamphlets to weaken the loyalty of soldiers, and to obstruct military recruiting. In his reply, Schenk accused the Espionage Act of being unconstitutional. He also claimed that it violated the First Amendment’s promise the “Congress shall make no law…abridging the freedom of speech.” 5/5====

**Decision or Holding:**
====The issue was “resolved”, though it is still in question today. Justice Oliver Wendell Holmes wrote the unanimous decision of the Supreme Court, which supported the conviction of Schenk, and stated that it did not violate his First Amendment rights. He stated that though it may not have been an issue if it was at a different time, but those kinds of statements could be a hindrance to the success of the country at war. This changed a lot, including what could be said during times of war and panic. NEED TO MENTION THE FAMOUS PHRASE "CLEAR AND PRESENT DANGER" ALSO THERE IS THE FAMOUS ANALOGY ABOUT YELLING FIRE IN A CROWDED THEATRE==== 4/5

MISSING SECTION ON IMPORTANCE 0/5


 * 1) The Image of Justice Oliver Wendell Holmes: []
 * 2) The Court Case: []

NOT IN APA FORMAT 1/2

17/25 = 68% (F) WHAT YOU DID LOOKED GOOD FOR THE MOST PART, BUT YOU SKIPPED A SECTION!!!