Schenck v. United States 1919

Did convictions under the Espionage Act for leaflets opposing the draft violate the First Amendment?

249 U.S. 47 (1919)Speech and press

The question: Did convictions under the Espionage Act for leaflets opposing the draft violate the First Amendment?
What the Court held: No. Speech that creates a “clear and present danger” of evils Congress may prevent can be punished, especially in wartime.
The vote: 9–0
Era: The Progressive Era and World War I
Read the opinion: 249 U.S. 47 (1919), full text

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

1917

Espionage Act

June 15, 1917 · Restriction of rights

Two months after the United States enters World War I, Congress makes it a crime to interfere with military operations or recruitment. The Sedition Act of 1918 extends it to “disloyal” speech about the government; that extension is repealed in 1920.

Source: National Archives