Schenck v. U.S. : Decision

The U.S. Supreme Court ruled in favor of the U.S. in this case. The Court unanimously held that Schenck could be convicted of conspiracy to violate the act. Justice Holmes stated that the words were used in such a way "and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Holmes said not all speech was constitutionally protected and gave the example of someone crying "fire!" in a crowded theater.
 
 

To see the entire Schenck v. U.S.  decision.
 


You have now completed the Schenck v. U.S. case using the Project LEGAL method. If you wish to investigate this case and the issues it raises in further detail, go to the follow up questions.

 If you are done with this case and wish to examine a new case, choose home.

 If you are finished you can return to the Project LEGAL Homepage.