SCHENCK V. UNITED STATES (1919)

RESIST THE DRAFT! -SCHENCK

DURING WORLD WAR I, CHARLES T. SCHENCK, A PROMINENT MEMBER OF THE SOCIALIST PARTY, DISTRIBUTED LEAFLETS TO POTENTIAL MILITARY DRAFTEES ENCOURAGING THEM TO RESIST THE DRAFT. THE LEAFLETS ARGUED THAT THE DRAFT VIOLATED THE THIRTEENTH AMENDMENT'S PROHIBITION AGAINST INVOLUNTARY SERVITUDE AND URGED RECIPIENTS TO ASSERT THEIR CONSTITUTIONAL RIGHTS. SCHENCK WAS CHARGED WITH VIOLATING THE ESPIONAGE ACT OF 1917, WHICH MADE IT ILLEGAL TO OBSTRUCT MILITARY RECRUITMENT OR ENCOURAGE INSUBORDINATION. WHEN THE CASE REACHED THE SUPREME COURT, SCHENCK ARGUED THAT HIS ACTIONS WERE PROTECTED BY THE FIRST AMENDMENT'S GUARANTEE OF FREEDOM OF SPEECH.