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| Mr. Spencer Image of Charles Schenck |
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| ICivics Image of the start of the Constitution |
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| Dipity Chief Justice, Mr. Oliver Holmes |
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| The Free Dictionary Image of the Justices |
Schenck vs. U.S.
Throughout history many instances have taken place that may appear to be unconstitutional but are they? In 1919, in the midst of World War 1, a case to be remembered for generations to come came to the United States. Charles Schenck was the Secretary of the Socialist Party of America. He was responsible for printing, distributing, and mailing possible leaflets to prospective draftees. In the years of WWI, America had passed many laws that dealt with the freedom of Speech: Espionage, Sedition, and Sabotage. Through these amendments, the government had outlawed the use of speech as an engine against the military matters of the US. However Schenck believed that it was the duty of man to fight and support his rights. Schenck sent 15,000 pamphlets advocating the draftees to go against the war. The question that arose through this scenario was whether or not this was constitutional. How did the outcome of this case affect America during WWI, after WWI, and present day?
The case was pretty heated to say the least. It started in a local court in Philly, sooner than later it ended up in the hands of the Supreme Court. The constitution states that we as citizens/residents of the United States have the freedom to say whatever we want, it doesn't matter when or where. In 1917, the Constitution was slightly bent to say the least. Congress in that year passed the Espionage Act, which made it a crime to cause and attempt insubordination, disloyalty, mutiny, or refusal of duty in the military forces of the United States. The government what Schenck was doing, he was sending documents to draftees to oppose the draft and not submit to insubordination. Humans have the power of free will and that is something that can't be taken from you. I have the will to break this computer if I want, because it is mine. However are we owned by the government is a valid question. Does the government have the right to control what we do in our every day lives. The answer to that question is yes. We have entrusted officials from our local area to the president to choose things in our best interest. In that day and age, the government saw it efficient that the people be drafted in the military so they can protect the lives of many citizens who were living safe and sound across the country. What Schenck did was cause an obstacle which was against the law. The government saw in order to keep this country safe and running, in needed to pass such an act. What Schenck did was create a blockade between freedom of speech and the rights of officials. The country may have been split on WWI, but it did what it could in order to prevent a national disaster. Many protests took place across the country in retaliation to the conviction of Mr. Schenck. Many had come to the US from Europe in the past 25-30 years feeling the sense they had the freedom of doing whatever they wanted. They found it kind of oxymoronish that this 'God-given' right was taken from them. The national outrage caused by the opinion of the court set many to flames, however whatever the government did was clearly justified.
After World War I many things took place across the country such as the Great Depression, later on World War II, and more recently the Cold War. Freedom of Speech has been a centerpiece of the American ideal. People here believe that they have the right to believe whatever their heart desires, or lack thereof. The Cold War had much effect on Freedom of Speech. As we know that was a time of great struggle and frustration between America and Russia. The opinion of the court in this case was very interesting: "A nation at war is justified in taking steps to insure the success of its effort to defend itself." This is true whether the country is in a time of stress or not. We as humans have a right to think whatever we want, but we should be careful of what we say or publish. The government has rights upon us just like we have rights upon such an organization. Schenck found it safe to think in Socialist ideals, and we shouldn't have a problem, but what he did was put those outrageous ideas in action through using paper and mouth. The United States had a huge depression in the 20's where we saw the trend of the poor getting poorer and rich getting richer. The people who lived below the poverty line had a right to make the rich feel bad but they needed to know the consequences they faced in order to do so. They might have suffered being beaten, tortured, and even killed because they said specific things. Justified? Probably not! But freedom of speech does have limits. Freedom of Speech was forever affected by the Schenck vs. U.S. case. Even though it is a right for you to say whatever the heck you want, sometimes being quiet is the way to roll. Like they say, the scholars keep their mouth shut.
Present day we have to be very controlled of what we put out on social media outlets, the internet, and even by mouth. Schenck showed that in a time of war a government can and should do whatever they want and need in order to be in the best position to succeed. War puts a restriction on freedom of speech, well at least in public. Schenck served six months in prison after he was convicted, because his ideals were outrageous in the eyes of Chief Justice Holmes. We have the right of free speech until or unless there is clear and present danger provided through that speech. Many people today get a little to happy in their ideals and go and speak out against the ideals that the government has set forth. The decision had been made in 1917 in the Espionage Act that if you said or did anything against the army you would suffer the consequences. Present day many laws are being and will be passed that might limit your rights. But Schenck showed the government is the ultimate authority of the land and you will be responsible for your actions. Don't always do what your heart desires, rather do what is in the best interest of man!
Schenck made a mistake and paid the price. Freedom of speech is limited by many things, but you should say what ever you want as long as it does not put out a clear danged. The Schenck case made an immediate affect on WWI, the time after, and present day. Schenck taught some valuable lessons in Freedom of Speech and I hope everyone can learn from them.
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