February 25, 2015
Aim: Were critics of WWI anti-American?
• Do Now:
– Are there any factors
preventing you from
fully exercising your
right to free speech?
Schenck v. United States (1919)
Context:
• WWI
• Charles Schenck was arrested for distributing
anti-war literature. Schenck was convicted of
sedition (treason).
• Schenck sues citing the 1st Amendment.
Task:
• You are Supreme Court Justices deciding
Schenck’s appeal.
On your own, using the evidence provided,
decide:
1. Should Schenck’s conviction be overturned?
2. Support your decision with two pieces of
evidence from your docs.
Verdict
1. The SC ruled unanimously
(9-0) in upholding Schenck’s
conviction.
2. Declared the Sedition Act a
reasonable and acceptable
limitation on speech in
times of war.
3. Shenck was sentenced to 6
months in prison.
Supreme Court Ruling: Delivered by Justice Oliver Wendell Holmes, Jr.
The character of every act depends upon the circumstances in
which it is done. The most stringent protection of free speech
would not protect a man in falsely shouting “Fire!” in a theatre
and causing a panic…
The question in every case is whether the words used are used
in such circumstances and are of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent…
When a nation is at war many things that might be said in time
of peace are such a hindrance to its effort that their utterance
will not be endured so long as men fight and that no Court could
regard them as protected by any constitutional right.
Clear and Present Danger Ruling
1. The First Amendment would not protect a
man from shouting fire in a theater and
causing a panic. No one has the right to use
free speech to place others in danger.
2. Congress has the right to prevent words that
cause a clear and present danger and will
result in evils.
Exit Slip
• Do you still agree with your ruling? Why or
why not? Use “facts from the case” and “prior
laws and decisions” to support your answer.
• Write your final decision in the space
provided.
Which Americans opposed WWI?
•
•
•
•
•
Socialists
Pacifists
Anarchists
Women’s groups
Intellectuals
Why did these Americans oppose
WWI?
• U.S. was entering the war to benefit
capitalists, not to “make the world safe for
democracy.”
Woodrow Wilson – 1916 Presidential
Campaign Buttons
1917 – Wilson urges Congress to approve war declaration
against Germany.
1917 – Wilson establishes the Committee on Public Information
– propaganda agency.
1917 – Espionage Act Passed
1918 – Sedition Act Passed
•Both suppressed anti-British, pro-German, and Anti-war
opinions.