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Schenck v. United States

Schenck V United States

The Background of Schenck v. United States (1919)

Charles Schenck was arrested in 1919 subsequent to his organization of a protest against the draft undertaken by the Federal government of the United States in the wake of World War I; a self-proclaimed member of the Socialist Party, Schenck disbursed almost 20,000 leaflets urging the recipients to refuse to participate in the draft – he explained that the notion of the draft could be considered to be a nature of slavery or servitude. In the midst of his protest, he was arrested on the grounds of what was explained as a direct violation of the Espionage Act enacted in 1917:

The Espionage Act of 1917 required that the nature of any expression must comply with the government’s responsibility to both preserve and protect the wellbeing of the citizens of the United States of America; any event or individual expression thought to deter or compromise military actions undertaken by the Federal government was deemed to be a criminal activity

The Case Profile of Schenck v. United States

The following is a case profile of the legal trial eponymously titled ‘Schenck v. United States’:

Date of the Trial: January 9th – 10th, 1919

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

Accused Criminal Activity: The following criminal activity and charges were cited by Charles T. Schenck against the United States of America within the appeal brought forth subsequent to the initial ruling:

Schenck cited the tenets of the 13th Amendment, which outlawed slavery and forced servitude; he maintained that a draft – through forced enlistment – could be classified as a measure of forced servuitude

Schenck also cited that the notion of public censorship was in direct violation of his civil liberties allowing him the right to free speech and free expression

United States Reports Case Number: 249 U.S. 47

Date of the Delivery of the Verdict: March 3rd, 1919

Legal Venue of Schenck v. United States: The Supreme Court of the United States

Judicial Officer Responsible for Ruling: Chief Justice Edward D. White

Involved Parties: The following are the parties named with regard to their involvement in the Schenck v. United States case:

Charles T. Schenck; Plaintiff – Schenck v. United States

The United States of America; Defendant - Schenck v. United States

Verdict Delivered: Within their ruling, the Supreme Court distinguished the difference between incendiary expression and incendiary acts – Schenck’s sentiments expressed were indeed considered to be latent with the prospect of immediate danger, threat, and harm with regard to the safety and wellbeing of the general populace

Associated Legislation with regard to Schenck v. United States: The following statutory regulations were employed with regard to the Schenck v. United States trial:

The provisions set forth within the 1st Amendment to the United States Constitution mandate the freedom of speech expression, which prohibits the unlawful banning, prohibition, and ceasing of unlawful censorship; freedom of expression is an unalienable right afforded to every citizen of the United States of America – however, the stipulations within the 1st Amendment require that the nature of the expression in question exist in accordance with applicable legislature

The 13th Amendment illustrates the distinction(s) between servitude, slavery, and consensual labor; forced labor is any type of labor that takes place through the implementation of threat(s), physically restraint of an individual with regard to the proliferation of labor, exploitative or blackmail –based activity in order to continue labor, and the implementation of fear in order to solidify servitude

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