In this episode we re-argue the Supreme Court case Schenck v. United States.
The U.S. is at war. CS took part in printing and mailing leaflets criticizing the war and the draft. The leaflets also encouraged young men to resist the draft. He was arrested and convicted of conspiracy to violate the Espionage Act.
The question before the court: did CS’s conviction for criticizing the draft violate his First Amendment right to freedom of speech?