1. Schenck v. United States, (1919)
2. Facts: ∆s had written and sent anti-draft propoganda to men who had been drafted.
3. Procedural Posture: ∆’s were charged with conspiracy to violate the Espionage Act, which made it a crime to willfully obstruct the recruiting or enlistment of servicemen.
4. Issue: Whether the government may criminalize speech that poses a “clear and present danger” to the U.S. government.
5. Holding: Yes.
6. Reasoning: The character of every act depends on the circumstances which surround it. When a nation is at war, many things that are said may be dangerous to the country, that would not otherwise be dangerous in peacetime. Thus, the first amendment protection of speech is not so broad as to cover all speech. A person who cries “fire” in a crowded theater would not be protected by the first amendment.
