Schenck v. United States (1919)

Facts:
Charles Schenck, General Secretary of the Socialist Party USA, was indicted and tried for distributing 15,000 leaflets to prospective military draftees, in 1917, urging them to resist conscription on the grounds that it constituted "involuntary servitude," prohibited by the 15th Amendment. The government argued that Schenck's actions violated the Espionage Act.

Substantive Issue:

1. Is a non-violent, unsuccessful attempt to obstruct recruitment protected by the First Amendment?

2. Did Schenck's leaflets intend to have some effect on the persons receiving the leaflets?

USSC Ruling:
Conviction affirmed 9-0; Holmes wrote the majority opinion.

Reasoning:

1. Schenck printed and distributed the leaflets, so we assume he intended to have some effect.

2. Because context is important, simply because an act involves expression does not mean it constitutes speech that is protected by the First Amendment.