Schenck v. United States, 249 U.S. 47 (1919) (Nos. 437, 438)

Case name: Schenck v. United States Opinion filed: 1919-03-03 Docket No.: 437, 438 Citations: • 249 U.S. 47 • 39 S. Ct. 247 • 63 L. Ed. 470 • 1919 U.S. LEXIS 2223 Case holding summaries: • rejecting anti-draft advocates’ First Amendment defense against violation of Espionage Act because speech was sufficiently likely to hinder war effort • "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre." • criminal conspiracy prosecution predicated upon subversive advocacy • “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” • establishing the clear and present danger test for restrictions on free expression • the defendants had circulated flyers urging others to refuse to submit to the draft into military service and were prosecuted for sedition • criminal conspiracy prosecution predicated upon subversive advocacy • "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic." • "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." • criminal conspiracy prosecution predicated upon subversive advocacy • First Amendment does "not protect a man from an injunction against uttering words that may have all the effect of force," citing Gompers v. Bucks Stove & Range Co. , 221 U.S. 418, 439 (1911) • explaining the First Amendment “does not protect a man from an injunction against uttering words that may have all the effect of force” • "clear and present danger that they will bring about the substantive evils that Congress has a right to prevent" • explaining that the “most stringent protection of free speech 20190087-CA 7 2020 UT App 37 Ho v. Dep’t of Commerce would not protect a man in falsely shouting fire in a theatre and causing a panic” • interference with wartime conscription program • speech advocating rea