LAD #30

              LAD #30: Schenck vs. U.S.

A while ago, an act was passed called "The Conscription Act of the Great War". Schenck wanted to get people together to resist the Act peacefully as he felt it was unconstitutional. He did so and ended up being charged of course with violation of the Espionage Act, because apparently he caused obstruction to recruitment of the military. Holmes spoke within the court stating that Schenck's words weren't protected under the First Amendment. He said that the way that each Act is to be interprited due to the individual situation. They confirmed that because the country was in a time of war, his actions at this certain point were dangerous to the people of America. Holmes opinion  was that congress could resist the problem, but Schenck could not resist the act.