Constitutional Law Keyed to Feldman
Schenck v. United States
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
This case is based on a three count indictment. The first charge was a conspiracy to violate the Espionage Act of 1917. The second alleges a conspiracy to commit an offense against the United States. The third count alleges an unlawful use of the mails for the transmission of unlawful matter. The document in question claims that the draft is a violation of the Thirteenth Amendment of the Constitution and encourages people to “assert your opposition to the draft.” The Defendants, Schenck and other publishers of the leaflets (Defendants), were found guilty on all of the counts.
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