AIM: Is the government justified in limiting civil liberties during wartime?
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 prevent the recruitment of people into the military service.
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 pamphlets urging resistance to the draft were sent to
men who had been drafted. The pamphlets were traced to Socialist Party headquarters and Charles Schenck. On the front
of the pamphlet the first section of the Thirteenth Amendment to the U.S. Constitution, which prohibits slavery or
involuntary servitude, was printed. The pamphlet asserted that the Selective Service Act violated the 13th amendment and
that a draftee was forced into “involuntary servitude.” It urged draftees not to submit to intimidation but to petition for a
repeal of the Selective Service Act. Part of the pamphlet urged draftees to “Assert Your Rights.” It said 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 rights which it is the solemn duty of all citizens and
residents of the United States to enforce.” The pamphlet 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 claimed that the pamphlets should be protected as free speech.
Pre Analysis Questions:
1. Why was Charles Schenck arrested? What did he do that was illegal?
2. What did the pamphlet say? Why was it “illegal?”
3. Which amendment of the US Constitution did Charles Schenck use in appealing his case to the Supreme
Court? Why do you think he chose to use this part of the Constitution?
Should Charles Schenck’s pamphlet be protected by the 1st Amendment
OR did he violate the Espionage and Sedition Acts?
Amendment I
“Congress shall make no law making an establishment of religion, or prohibiting the free exercise of the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and to petition the government.”
1. Which specific rights granted to citizens by the 1st amendment apply to Schenck’s case?
2. How can the 1st amendment be used to defend Schenck?
AIM: Is the government justified in limiting civil liberties during wartime?
Schenck’s Pamphlet p. 1
LONG LIVE THE CONSTITUTION OF THE UNITED STATES
Wake up America! Your Liberties are in Danger!
The 13th Amendment, Section 1 of the Constitution of the United States says: “Neither slavery nor involuntary servitude,
shall exist within the United States.”
The Constitution of the United States is one of the greatest examples of political liberty. It was born after a long, stubborn
battle between king-rule and democracy. In this battle the people of the United States established the principle that
freedom of the individual and personal liberty are the most sacred things in life. Without them we become slaves…
The Thirteenth amendment to the Constitution of the United States embodies this sacred idea of personal liberty...this idea
is violated by the Selective Service Act. When you draft a man and force him to go abroad and fight against his will, you
violate that most sacred right of personal liberty... He is deprived of his liberty and of his right to think and act as a free
man. He is forced to surrender his right as a citizen and become a slave to the government. He is forced into involuntary
servitude. He is deprived of the protection given to him by the Constitution of the United States. He is deprived of all
freedom of conscience in being forced to kill against his will...Write to your congressman and tell him you want the law
repealed. Do not submit to the intimidation. You have a right to demand the repeal of any law. Exercise your rights of
free speech, peaceful assemblage and petitioning the government!
1. How does Schenck use the 13th amendment to build his argument against the military draft?
2. What does Schenck compare a soldier to?
3. What does Schenck suggest for citizens to do in order to protest the draft?
Schenck’s Pamphlet p. 2
ASSERT YOUR RIGHTS!
Amendment 1 of the Constitution says “Congress shall make no law against establishment of religion or prohibiting free
exercise of one’s religion…” Amendment 9 says “Congress will not deny any citizen rights…”
...If you are conscientiously opposed to war, if you believe in the commandment “thou shalt not kill” then that is your
religion, and you shall not be prohibited from the free exercise of it...If you do not assert and support your rights, you are
helping to “deny rights” which it is the solemn duty of all citizens and residents of the United States to enforce...You are a
citizen, not a subject! You delegate your power to the officers of the law to be used for your good, not against you. They
are YOUR servants, not YOUR masters. Their wages come from the taxes that YOU pay. Will you allow them to
unjustly rule you?... No power was delegated to send our citizens away to foreign shores to shoot up the people of other
lands, no matter what maybe their internal or international disputes... Do you know that patriotism means a love for your
country, and not a hate for others?...
1. What is Schenck’s main point in this section of his pamphlet?
2.
How does Schenck use the Constitution of the United States to build his argument?
AIM: Is the government justified in limiting civil liberties during wartime?
PROPAGANDA PRESENTATIONS
Directions: Walk around the room to view your peer’s propaganda posters. After viewing all of the posters,
choose ONE poster that you feel is the most persuasive and answer the questions below.
The most persuasive piece of propaganda is: ________________________
What is the poster asking or telling people to do? _________________________________________________
What is the slogan of the poster? _____________________________________________________________
What images does the poster display? __________________________________________________________
How would Schenck respond to this piece of propaganda?
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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 and propaganda posters like the ones made by your peers were circulating the country. 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.
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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!
Write your judge’s opinion based on the evidence & texts provided to you.
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