LAD#30

In the Supreme Court’s ruling of Schenck vs. US, they found Schenck guilty upon three counts which were; exercising overt actions in the pursuit of a conspiracy, conspiring to commit a crime against the United States, and unlawfully using the mail system to send items that were deemed unsalable by an act passed in June, 1917. During the WWI era Schenck was a secretary to the socialist party, he was arrested and tried for printing and distributing anti-war, mainly anti-conscription pamphlets, these were thought to create insubordination amount the ranks of men that were previously drafted in the army. Upholding the rights of the citizens as guaranteed by the Constitution, Schenck's pamphlets argued that the Conscription Act and the Selective Service Act were both unlawful as they violated the thirteenth amendment forbidding the practice of involuntary servitude. He was also arrested to the right of the people to protest a government act. When he was tried Schenck claimed with much angst that it was his right thanks to the first amendment to say and publish whatever he wanted publically. However, when the ruling was presented the Supreme Court felt that his “right” as inconsistent with the manner in which the crime was committed, he had this right but, they felt that his opinions were a danger to the freedom of other citizens. His actions were dangerous and had the potential to create widespread panic and destruction of peace.