The Judiciary 5/7

Schenck v. United States:  

"During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment".

When America entered World War I in 1917, Congress passed a law called the Espionage Act. The law said that during wartime obstructing the drafting of soldiers and trying to make them disloyal or disobedient were crimes. Almost 2,000 people were accused of violating this law and were put on trial. Charles Schenck was one of those people. He mailed thousands of pamphlets to men who had been drafted into the armed forces. These pamphlets said that the government had no right to send American citizens to kill people. 

Along with the the others, government accused Schenck of violating the Espionage Act. Schenck answered by saying that the Espionage Act was unconstitutional. He said that it broke the First Amendment's promise the "Congress shall make no law…abridging the freedom of speech." After working its way through the federal courts, the case was judged by the Supreme Court in 1919. In a unanimous decisions, the supreme court ruled that the second amendment could not be used to shield who are creating a clear and present danger. It was during this case that the second amendment no longer was absolute. Though having the freedom of speech is an important law, boundaries are necessary to see that the law is being used correctly. The expression ' yelling out fire in a crowded movie theater' reminded me of this and caused me to pick this law.