Schenck v. United States
Significance, "largely Instrumental In Sending The Circulars About", Clear And Present Danger Test, Further Readings
Appellant
Charles T. Schenck
Appellee
United States
Appellant's Claim
That his speech was protected by the First Amendment.
Chief Lawyers for Appellant
Henry J. Gibbons, Henry John Nelson
Chief Lawyer for Appellee
John Lord O'Brian
Justices for the Court
Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes (writing for the Court), Charles Evans Hughes, Joseph McKenna, James Clark McReynolds, Willis Van Devanter, Edward Douglass White
Justices Dissenting
None
Place
Washington, D.C.
Date of Decision
3 March 1919
Decision
Schenck's speech was not protected by the First Amendment and his conviction under the Espionage Act was upheld.
Related Cases
- Abrams v. United States, 250 U.S. 616 (1919).
- Gitlow v. United States, 268 U.S. 652 (1925).
Sources
Abraham, Henry J. and Barbara A. Perry. Freedom & The Court: Civil Rights & Liberties in the United States. New York: Oxford University Press, 1998.
Additional topics
- The Scottsboro Trials: 1931-37 - "legal Lynching … Victims Of 'capitalist Justice", "you Can't Mix Politics With Law"
- Schenck v. U.S. Appeal: 1919 - "largely Instrumental In Sending The Circulars About", Suggestions For Further Reading
- Schenck v. United States - Significance
- Schenck v. United States - Further Readings
- Schenck v. United States - "largely Instrumental In Sending The Circulars About"
- Schenck v. United States - Clear And Present Danger Test
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1918 to 1940