


Lets do this!
I agree, lets do this!
DO NOT AGREE TO GET DRAFTED! THE GOVERNMENT IS TRYING TO TREAT YOU LIKE SLAVES! AND YOU HAVE NO CHOICE! BUT BE PEACEFUL ABOUT IT!
Schenck and Baer decided to write about how the draft goes against the 13th Amendment.
This paper caused lots of attention to the public and eventually got around to the government. Due to the separation of powers, there had to be a court case for Schenck's decisions.


YOU'RE IN BIG TROUBLE SCHENCK!


The judge sentenced Schenck with conspiracy and he violated the Espionage Act of 1917 by interfering with military recruitment.
Which means Schenck was in trouble for planning to go against the law. And the Espionage Act of 1917 is not being loyal to the government or doing shady stuff against the government.
YOU'RE GOING TO JAIL!



Schenck and Baer didn't think it was a fair conviction because they thought it went against their natural rights and the First Amendment. So they wanted to get the charges appealed, which means they wanted the charges to get double-checked. The court had a judicial review of the charges.
This cant be fair!




Judge Holmes, during the appeal, decided that the charges weren't against their First Amendment. The court had precedent and did the "clear and present danger test," Holmes decided that the First Amendment does not protect speech that can be dangerous and that the court can prevent it.



Holmes specified the charges, by saying that the widespread of the paper that Schenck and Baer made, was against the conscription process.
The conscription process is the way men who were eighteen were forced to enter the military draft.
Y'all are SCREWED!



Judge Holmes was a famous comparison from the case. He compared the papers to someone falsely saying "Fire" in a crowd In a crowded area. Which wouldn't be allowed under the First Amendment.
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