Social Studies 8PreAP
Mrs. Coonan
Name: _________________________
Date: __________________________
Period #: _______
Throughout the course of World War 1, hundreds of Americans were arrested for
disobeying the Espionage Act & Sedition Act. One of the most controversial arrests was that
of Charles Schenck. Charles Schenck was a leading member of the Socialist Party of
America, a political party which rejected capitalism & sought to do away with economic
classes in the United States.
Between 1917 & 1918, Schenck arranged for the printing & distribution of approximately
15,000 anti-war pamphlets. Each of these pamphlets strongly criticized America’s
participation in World War 1 & encouraged citizens to oppose the Selective Service Act. In
these pamphlets, Schenck repetitiously compared the military draft to slavery.
Members of the Socialist Party distributed Schenck’s leaflets outside of military
recruitment offices. Some of these pamphlets were also delivered to men who were
recently accepted into the US military.
Schenck was arrested, tried, convicted, & sentenced to prison because these actions were
in violation of both the Espionage Act & Sedition Act. However, Schenck argued that he was
innocent (& therefore wrongly accused) because the First Amendment protected his right
to free speech & free press. Schenck appealed his case to the Supreme Court & they
granted his request. Unfortunately for Schenck, after hearing the case, the Justices
unanimously voted against him. Schenck was ultimately sentenced to six months in prison.
The Supreme Court believed that Schenck was guilty because his actions had posed a “clear
& present danger” to America’s public safety during World War 1. Specifically, Justice
Oliver Wendell Holmes explained that there are times when the freedom of speech & press
should be limited. According to Holmes, no one has the right to free speech (or press) if
that free speech (or press) can place other people in danger. Therefore, when our nation is
at war, any & all actions that could hinder the success of our country must be stopped.
Source: The Story of Schenck vs. the United States (1919)