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Summary: Schenck V. United States

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Schenck V. United States was a court case that developed out of the opposition of the United States involvement in World War I. Antiwar sentiment was so popular among certain groups it cause Congress to Act on this opposition of the war. In response to this, Congress passed the Espionage and Sedition Acts. These acts stated that a person could be fined up to one hundred thousand dollars and sentenced to twenty years in jail for interfering with the war effort or saying anything disloyal, profane, or abusive about the government or the war effort. The acts also made it illegal to interfere with recruitment efforts of the U.S. armed forces. These laws were a direct violation of the First Amendment, which led to many of arrests and convictions of …show more content…
Charles Schenck was a general secretary of the Socialist Party of the United States. Socialists believed that the war had been caused by and would benefit only the rich, while causing suffering and death for the thousands of poor and working-class soldiers who would do the actual fighting in Europe. Socialist not only opposed the war they urged others to do the same as well. In 1917 Schenck distributed leaflets the urged Americans to resist the Selective Service Act. These leaflets stated that the draft violated the Thirteenth Amendment. The Thirteenth Amendment abolished slavery and prohibited involuntary servitude. Schenck said that since the government was forcing people to enlist in the military it constituted as involuntary servitude. Schenck advised readers to assert their individual rights by opposing the draft, however he did not promote violence or avoidance of the draft laws. Schenck was arrested for attempting and causing disobedience in the military and naval forces of the United States, also for disrupting the draft. Schenck was tried, convicted and sentenced to prison for violating the Espionage Act of 1917, he then appealed his case to the Supreme

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