Charles T. Schenck
Quick Summary
Charles T. Schenck was the general secretary of the U.S. Socialist Party, which opposed the military draft during World War I. He was arrested for violating the Espionage Act after distributing leaflets urging draftees to resist service. The Supreme Court, in Schenck v. United States (1919), upheld his conviction, ruling that freedom of speech under the First Amendment can be restricted if the words spoken create a "clear and present danger" to society. This established a precedent that speech posing a significant threat, such as falsely shouting "fire" in a crowded theater, is not protected.12
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