Q: Elaborate on Schenck’s theory.
Schenck (1919): D, the general secretary of the Socialist party (alright!), mailed two draftees a document opposing the draft, calling it “despotism” and urging the draftees not to submit to intimidation (but this urging confined itself to peaceful measures such as a petition to repeal the draft act). D was charged with three things: conspiracy to violate the Espionage Act of 1917, conspiracy to commit an offense against the U.S. through mail of a matter declared to be non-mailable by Title XII of the Espionage Act, and unlawful use of the mail for the transmission of the leaflets. The Prosecution argued specifically that the publication and circulation of these leaflets obstructed recruiting and enlisting people into the army. D was found guilty on all three counts. Issue: Does the First Am. protect the leaflets that D was convicted for publishing?
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