Case library · Contempt of Government
Leaflets Against the Draft
Schenck v. United States (1919)
Charge: Conspiracy to obstruct the draft and cause insubordination, and mailing banned material (Espionage Act)Court: Supreme Court of the United StatesState: PennsylvaniaDocket: Contempt of Government
The facts
During a world war, an official of a political party and a colleague mailed leaflets to men called up for the draft. The leaflets said the draft was slavery banned by the Constitution and told readers to assert their rights and oppose it. The two were charged with conspiring to obstruct recruiting and with using the mail to send banned material. They said the leaflets were political speech protected by the First Amendment. The law asks whether the words created a clear danger of harm in wartime.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Schenck v. United States, 249 U.S. 47 (1919)
Read more at supreme.justia.com. The source reveals the outcome.