LAD #30: Schenck vs. US

In the Schenck vs. US case, Charles Schenck spread circulars urging readers to petition to repeal the conscription act. He was arrested for attempting to cause insubordination in the military and was tried to determine whether or not what he said was protected under the first amendment. The Court decided that Schenck was not protected under the first amendment because his speech presented a "clear and present danger", as the country was going to war and this act, which normally would not be punishable, was certainly punishable at that time.