Clear and Present Danger: Schenck v. United States

Charles Schenck an American Socialist against WWI, originally thought of committing espionage, distributed flyers to men who were drafted to fight in the war. His flyers stated that the men were being drafted into, “involuntary servitude,” and urged them to fight against the US Government and their freedom to choose. Congress cited “clear and present danger,” and Schenck lost the case, but the ruling was overturned stating that his right to free speech was violated. In this detailed volume, historical cases about the First Amendment are unpacked for readers to elicit debate. Through case studies, primary sources, and further reading sections, students are inspired to think deeply about our right, as Americans, to free speech and what constitutes that right even if the subject is disagreeable.