Close Read: Schenck v. United States
CR
Objective
CR
Introduction
What does it mean to be anti-American? What are the limits of the
first amendment to the US Constitution?
In 1918, the United States was embroiled in the global conflict known as WWI; though the war
itself was mostly contained to Europe, the impact of the war was deeply felt amongst Americans
living in the United States. Among its many impacts, World War I brought to American society
the first ever military draft of eligible young men. Not everyone agreed with America’s entry to the
war, nor did everyone agree that drafting men into the US military was the proper course of
action. Many protests were held; amongst these protests was one led by the Charles Schenck.
His protest eventually defined first amendment rights for all citizens of the United States.
Pre-Analysis Activity​
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Directions​
: Read the background information presented below on the
Supreme Court case - Schenck v. United States. Use the information to complete the pre-analysis
questions on the next page.
Background on Schenck v. United States (1919) After the United States entered World War I in 1917, the U.S. Congress instituted a military draft when
it passed the Selective Service Act. In order to protect the war effort, Congress also passed the
Espionage Act of 1917 and the Sedition Bills of 1918. Among other things, these laws made it a crime
to cause or attempt to cause insubordination [refusing to obey orders] in the military and naval forces
or to obstruct [prevent] the recruitment or enlistment of persons into the military service of the United
States.
Charles Schenck, the General Secretary of the Socialist Party, opposed United States participation in
World War I. He was arrested for violating the Espionage & Sedition Acts after 15,000 leaflets urging
resistance to the draft were sent to men who had been drafted. The leaflets were traced to Socialist
Party headquarters. On the front of the leaflet the first section of the Thirteenth Amendment to the
U.S. Constitution, which prohibits slavery or involuntary servitude, was printed. The leaflet asserted
that the Selective Service Act violated the idea embodied in the amendment and that a draftee was
little better than a convict. In impassioned language, it suggested that conscription [being drafted into
the military] was despotism [exercise of absolute power in a cruel manner] in its worst form and a
monstrous wrong against humanity in the interest of “Wall Street’s chosen few.” It urged draftees not
to submit to intimidation but, at least in form, confined itself to urging peaceful measures such as
petitioning for repeal of the Selective Service Act. Part of the leaflet urged draftees to “Assert Your
Rights.” It alleged that an individual violated the Constitution when he or she refused to recognize
“your rights to assert your opposition to the draft.” It stated: “If you do not assert and support your
rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and
residents of the United States to retain.” It described even silent consent to the draft law as helping to
support an infamous conspiracy. The leaflet concluded: “You must do your share to maintain,
support, and uphold the rights of the people of this country.”
Although Schenck denied responsibility for sending the leaflets, he was found guilty in a U.S. District
Court. He appealed his conviction to the United States Supreme Court - and claiming that the leaflets
should be protected as free speech.
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From: ​
Civics Resources & Law Related Education by the Texas Bar Association
Pre Analysis Questions:
1) What is a military draft? Why do you think it was instituted after the US officially entered
WWI?
2) What did the Espionage & Sedition Acts outlaw? Why do you think they were passed?
3) Why was Charles Schenck arrested? What did he do that was illegal?
4) Summarize the content of the pamphlet in your own words.
5) Which part of the US Constitution did Charles Schenck use in appealing his case to the
SCOTUS? Why do you think he chose to use this part of the Constitution?
Corroborating Evidence Jigsaw - Part 1:​
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Directions:​You have been assigned to an expert group.
In your expert group, you have been given a primary source or multiple shorter primary sources.
Become an expert on your sources! To analyze your sources, ​
answer the questions that follow them.
Additionally,​
be sure to jot down at least one direct quote from your source & note down anything
else of importance you notice in your source​
. Answer the questions and make your notations in the
chart below.
Name of Source:
Type of Source:
Analysis of Source:
Corroborating Evidence Jigsaw - Part 2:​
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Directions:​
You are now in a group with 3 other experts.
Each of you has examined key pieces of evidence in the case of Schenck v. United States. In your
new group, share the evidence you have gathered with the others. Fill out the chart below so that you
have a more complete picture of the elements involved in Charles Schenck’s case.
1st Amendment
Pamphlet Page 1
Espionage & Sedition Acts
Pamphlet Page 2
CR
Analysis &
Comprehension
Task
Schenck v. United States: Supreme Court
Decision
Directions: ​
Using information from the document above, please respond to the following task. Task: ​
Using the information from the documents above and your knowledge of US History to
respond to the following task:
In a short written response, please answer the following prompt:
Imagine you are a justice sitting on the Supreme Court in 1919, when Schenck’s case is brought to
the highest court in the land. The question being examined by the courts is whether or not the
Espionage & Sedition Acts are constitutional, or a violation of the 1st amendment. How will you
rule in this case? ​
Argue ​
for or against the Espionage & Sedition Acts.
● Are the Espionage & Sedition Acts constitutional? If so, Charles Schenck is guilty.
● Are the Espionage & Sedition Acts unconstitutional? If so, Charles Schenck is innocent
because his actions are protected by his first amendment rights.
Explain​
your ​
argument​
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Write your judge’s opinion based on the evidence & texts provided to you. ​
You must cite at least 3
of the documents​
in your written response.
● One of which MUST be the Espionage & Sedition Acts
● explain​
means “to make plain or understandable; to give reasons for or causes of; to show
​
the logical development or relationships of”
● argue​
​
means to “give reasons or cite evidence in support of an idea, action, or theory, typically with the aim of persuading others to share one's view.”