LAD #26- Schenck vs. US

The Schenck v. United States was an indicament on three counts. The first count being a conspiracy to violate the Esionage Act of June 15, 1917 by causing insubordination in the military and navy. Also the obstruction of recruiting and enlisting services during a time of war with Germany with the sending of mailed documents to those drafted by the Act of . the defendants printed and mailed documents by the Act of May 18, 1917. The second offense was the conspiracy to commit a federal crime against the United States. The third was the mailing of things that were unmailable. Schenck was a socialist leader who circulated flyers to recently drafted men and cited the Thirteenth Amendment which was against "involuntary solitude." The Conscription Act was a result of the resistance. Schenck was convicted of violating the Espionage Act and the justice declared his conviction constitutional. Justice Holmes then sets up the "clear and present danger" and announced that it was inappropriate to yell "Fire!" in a movie theater.