Legal Definitions - Schenck v. United States (1919)

Schenck v. United States is a U.S. Supreme Court decision that upheld the constitutionality of the Espionage Act of 1917. The Court ruled that freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created "a clear and present danger."

For example, during World War I, Schenck mailed pamphlets to individuals enlisted in the draft that criticized the draft and the U.S. war effort. He was convicted for violating the Espionage Act of 1917 and appealed his conviction, arguing that the Act violated the First Amendment's protection of freedom of speech and freedom of the press. However, the Court ruled that the Act did not violate the First Amendment because Schenck's actions presented a clear and present danger to the United States' war efforts.

Subsequent to Schenck v. United States, the Supreme Court developed the Brandenburg Test, which only allows a law to limit speech if it incites imminent unlawful action.