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?
References
Black, F.R. (1932). Debs v. the United States – A judicial milepost on the road to absolutism. University of Pennsylvania Law Review and American Law Register, 81(2), 160-175.
Krotoszynski, R.J. (2019). The clear and present dangers of the clear and present danger test: Schenck and Abrams revisited. SMU Law Review, 72, 415-440.
Larson, C.F.W. (2015). “Shouting ‘fire’ in a theater”: The life and times of constitutional law’s most enduring analogy. William & Mary Bill of Rights Journal, 24, 181-212.
Schenck v. United States, 249 U.S. 47 (1919).