Schenck v. United States: Quick Facts

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Date	March 3, 1919

The majority opinion declared that courts owed more deference to the government during a war, even if constitutional rights were in question.
Nearly 2,000 individuals were placed on trial for violation of the Espionage Act of 1917.
Justice Oliver Wendell Holmes, Jr., likened Schenk's actions to falsely shouting "Fire!" in a crowded theatre, which the First Amendment does not allow.
Schenck believed that war helps the rich while sacrificing the poor men who are forced to fight, and he contended that the draft violated the U.S. Constitution.

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