LAD #30: Schneck vs United States

Charles Schneck was issuing a circular during WWI. The circulars spoke out against the Selective Service Act of 1917 and deemed it to violate the rights of the American citizen. It merely called for passive resistance to the act such as petitioning and legal rights of demonstrations. He was charged under the Espionage Act for trying to create insubordination in the military and resisting the wartime policy recruitment. In a unanimous decision the Supreme Court decided that Schneck was not protected by the 1st amendment in this situation. Giving the decision on behalf of the court, Justice Holmes concluded that ones actions are to be judged by the circumstances surrounding them. It is to be interpreted whether or not the actions and the circumstances "create a clear and present danger", which the United States Congress has the power to punish and prevent. Therefore during wartime restrictions on the 1st amendment have merit due to the special circumstances of the time period.