Objective:
Students will analyze the Supreme Court
case of Schenck V. United States (1919)
in its historical context.
Aim:
Did the Sedition Act violate the First
Amendment?
Do Now:
Are there any factors that prevent you
from fully exercising your right to free
speech? Are these factors fair?
(Answers will vary. Can you curse at
your teachers? What are the
consequences?)
Procedure:
1. Students will consider the “do
now” and answers will be
discussed as a class.
2. Transition: There was an
incident during World War I that
led to a historic court case. This
court case examined the First
Amendment and if limits could be
placed on it.
3. As a class students will read the
“Facts of the Case” and “Prior
Laws and Decisions.”
4. Define:
a. Insubordination:
Defiance, rebel,
disobedient
b. Abridge: shorten, edit
reduce
c. Sedition: incite to
rebellion, agitation,
treason, troublemaking
5. Allow partners/groups to discuss
the court case and decide the
verdict.
6. Reveal the true verdict and
discuss if the decision was just.
H/W: T-Chart For and Against Schenck
Content:
1. Arguments for Schenck:
-The 1st Amendment was specifically
included in the Constitution to protect
political speech, and to prevent a
“tyranny of the majority.”
-The 1st Amendment protections would
be meaningless if Congress could choose
where and when citizen's rights may be
diminished.
2. Arguments for the US:
-A nation at war is justified in taking
steps to insure the success of its effort to
defend itself.
-The case involves congressional draft
policy, not the 1st Amendment.
-Statements critical of the government
cannot be tolerated in a crisis.
-The nation cannot allow an effort to
deprive the armies of necessary soldiers.
3. Verdict:
-The Court's unanimous (9-0) decision
upheld Schenck's conviction (spent 6
months in prison)
-declared the Sedition Act a reasonable
and acceptable limitation on speech in
time of war.
4. Clear and Present Danger:
-The First Amendment would not protect
a man from shouting fire in a theatre and
causing a panic. No one has the right to
use free speech place others in danger.
-Congress has a right to prevent words
that cause a clear and present danger
and will result in evils.
Name:__________________________________
You BE The Judge: United Sates Supreme Court
Case: Schenck v. United States (1919)
Fact of the Case:
1.
Charles Schenck was the general secretary of the Socialist Party of America.
2.
Socialists believed that the war would benefit only the rich, while causing suffering
and death for the thousands of poor and working-class soldiers who would do the
actual fighting in Europe.
3.
Party officials urged American workers to oppose the war.
4.
Charles Schenck distributed leaflets that called the draft a “deed against humanity”
and compared conscription (the draft) to slavery, urging conscripts (draftees) to
“assert your rights.”
5.
Schenck was arrested and charged with “causing and attempting to cause
insubordination (disobediance) in the military and naval forces of the United States”
and with disturbing the draft.
6.
Schenck was arrested, tried, convicted, and sentenced to prison for sedition (treason),
and he appealed his case to the Supreme Court. The Supreme Court agreed to hear his
appeal.
As Supreme Court Justices, it is your duty and task to examine the
facts of this case and decide the Verdict.
1.
Were Schenck's political statements protected by the free speech section of the First
Amendment?
2.
Should there be different standards for the “right” to give political speeches during
peacetime and in war? (Should you be allowed to say anything you want at all times?)
3.
Was the Sedition Act constitutional or did it violate the First Amendment?
4.
Should Schenck remain in prison?
Prior Laws And Decisions to Consider:
1. U.S. Constitution, First Amendment (1791)
“Congress shall make no law…abridging the freedom of speech, or of the press.”
2. The Espionage Act (1917)
Whoever, when the United States is at war, shall willfully make or convey false reports
or false statements with intent to interfere with the operation or success of the
military or naval forces of the United State, or shall obstruct the recruiting or
enlistment service of the United States shall be punished by a fine of not more that
$10,000 or imprisonment for nor more that twenty years, or both.”
3. The Sedition Act (1918)
“Whoever…shall willfully utter, print, write or publish any disloyal…or abusive
language about the form of government…Constitution…military or naval forces…flag
or the uniform of the Army or Navy of the United States.”
Name:__________________
Group Members:___________________________________
1. Your Groups Decision: Should Schecnck’s Conviction be
Overturned?
1. Yes/No Schenck’s political statements were protected by free speech section of the
first Amendment.
2. Yes/No the Schenck decision was constitutional.
Overturn Schecnk’s Conviction?
Supreme Court Justice’s Vote
Y/N
/
3. Yes/No Schenck should/should not remain in prison.
2. Support Your Decision With Two pieces of Evidence from The
“Prior Laws and Decisions”
1.
2.
3. Real Supreme Court’s Decision: (Justice Oliver Wendell Holmes
wrote the decision)
1. The Court's unanimous (9-0) decision…
2. Declared the Sedition Act…
3.
4. Clear and Present Danger Ruling:
1.
2.
Exit Ticket
Do you Still Agree with Your Groups Decision? Why or Why
Not. Use “Facts from the Case” and “Prior Laws and
Decisions” To Support Your Answer.