Shenck Vs. United States is a decision confirming the earlier decision that Schenck and Baer are to be convicted for conspiring to interfere with the draft during World War 1. The defendants argued that they should be allowed to disperse their red pamphlets because it is their right under the first amendment of freedom of speech, they argued that the Espionage Act violated this first amendment. The court believed that Congress had every right to suspend these rights because it was a time of war and they're job was to protect the country. The defendants were ultimately convicted because the justices compared the defendants actions to falsely shouting fire in a theater which would cause panic and naturally danger for the panicked crowd.
Saturday, March 1, 2008
Schenck V. United States LAD 26
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