Schenck was against the drafts that were created in America for young soldiers to enter into the war. He was so against it he sent out circulars to the draftees which urged the draftees that the draft was a terrible thing and they should not back down to intimidation. Although he believed in peaceful ways to repeal the Conscription Act such as protesting. Although, he was arrested for trying to cause insubordination and causing a conspiracy against the Espionage Act. The problem with this case has to do with the first amendment of free speech and if it applied to this particular situation if it put the actions of the government at risk. The case turned out to be in favor of the United States "The question in every case is whether the words used are used in such circumstances 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 says that the circumstances are presenting a clear danger to the war efforts which is why Schenck is being denied the freedom of speech. The doctrine could have protected him if he was not protesting the draft during a time of war when the draft was necessary to obtain more fighting men.
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