The
Schenck v. United States 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.
You have now completed the Schenck v. United States analysis using the Project LEGAL method.If you wish
to investigate this case in further detail, CompuLEGAL has created
Follow Up Questions
that identify some of the issues it raises. You may also want to read the entire
Schenck v. United States Decision.
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