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Showing posts from February, 2019

LAD/Blog #31: Schenck V. United States

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Charles Schenck was an American socialist who believed that Americans should avoid the draft. He did this by spreading posters telling people to avoid the draft. Schenck claimed that the draft violated the 13th Amendment because of involuntary servitude. Due to his actions, he was charged with violation of the Espionage Act, because he was trying to cause insubordination in the military. the courts decision was that the Espionage Act didn't violate the First Amendment. Schneck tried to argue that he had the right to freedom of speech, but it was determined that that freedom wasn't always there when it was a "clear and present danger". Similar to Charles Schenck, Peter Zenger spoke out against the government about freedom of the press.