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Schenck v. United States | 249 U.S. 47 (1919)
Americans can say anything, right? Some believe that the First Amendment provides an absolute protection for speech and expressive conduct. But that’s simply not true. Certain limited types of speech and expression fall outside the scope of the amendment’s protections. So, what isn’t protected by the First Amendment? The United States Supreme Court addressed this issue in Schenck v. United States.
During World War I, Charles Schenck and Elizabeth Baer, two leaders of the Socialist Party in Philadelphia, distributed thousands of leaflets to men who were eligible to be drafted into the United States armed forces. The leaflets urged the men to peacefully oppose the draft by arguing that the Thirteenth Amendment, which prohibits slavery and involuntary servitude, provided a basis to refuse to comply with a draft notice.
A federal prosecutor charged Schenck and Baer with conspiracy to violate the Espionage Act of 1917, which, among other things, outlawed the obstruction of military recruiting and enlisting. Schenck and Baer pleaded not guilty, asserting that their distribution of the leaflets was expressive conduct protected by the First Amendment. They were convicted at a jury trial, and the federal district court sentenced them to six months in prison.
Schenck and Baer appealed to the United States Supreme Court.
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