Our freedom of Speech that is outlined in the first amendment is quintessential to out modern society. Without this freedom, we, as citizens, would live in constant fear of saying something “wrong”. Without our freedom of speech, the government would the power to restrict some of our natural rights, which allow our country to be the “land of the free and the home of the brave.” If the government protects this right, we have the ability to express ourselves freely and speak out against any injustices in our ever changing society.
The case of Schenck vs. United States that was brought to the Supreme Court in 1919 addressed this issue. Charles Schenck was arrested for distributing leaflets opposing the draft to over 15,000 people. His message to young men involved with the draft was that they should “not submit to intimidation” and to utilize their rights. During this time, the United States was involved in World War I. The draft was very important for the greater good of the country: its defense. Schenck’s actions went against the common good, and he was therefore arrested. He was “charged under the espionage act with conspiring to cause insubordination.” (NY Times) It states in the preamble that the one purpose of the constitution would be to “provide for the common defense”. However, there were still questions as to the constitutionality of Schenck’s arrest. Was his arrest a violation of Schenck’s freedom of speech? Does it matter that it was a time of crisis in the country?
After three months of deliberation in the Supreme Court, the Justices decided that Schenck’s imprisonment was in fact constitutional. It did matter that the country was in a time of war when Schenck said what he did. At any other time, he would have been protected by his freedom of speech, but during war time, his words endangered the country as a whole. His words were so powerful that they could have led to a weakening of the United Stated Military. This could have been devastating to the country during war. Supreme Court justice Holmes stated that Schenck was “attempting to cause insubordination in the military and naval forces of the United States, and to obstruct the recruiting and enlistment service of the United States”. Holmes proposed a “clear and present danger” standard that clarified the Supreme Court’s reasoning. He stated: “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.” The decision of the Supreme Court was one example of an independent judiciary. The Justices had to make their decision free from any biases. They could not favor congress, the president, or Schenck, thus making an independent decision.
I agree with the Supreme Court’s decision in this case. The right protected by our freedom of speech is very important, but the safety of our country is even more important. The constitution was made to “ensure a more perfect union, establish tranquility, insure domestic tranquility, provide for the common defense…” Schenck’s imprisonment was completely constitutional because he was jeopardizing the “common defense” which the government must “provide for”
Sources:
Bill of Rights Institute. Bill of Rights Institute. 28 Sept. 2008
<http://www.billofrightsinstitute.org/Teach/freeResources/
LandmarkSupremeCourtCases/#SpeechGen>.
Cornell University Law School. “Schenck vs. United States.” Supreme court
collection. Cornell University. 28 Sept. 2008
<http://www.law.cornell.edu/supct/html/historics/
USSC_CR_0249_0047_ZS.html>.
Schenck v. U.S. Appeal: 1919 – “largely Instrumental In Sending The Circulars
About.” 28 Sept. 2008 <http://law.jrank.org/pages/2807/
Schenck-v-U-S-Appeal-1919–Largely-Instrumental-in-Sending-Circulars-About.html>.
Waldron, Jeremy. “The Great Defender.” New York Times. 3 Feb. 2002. 28 Sept.
2008 <http://query.nytimes.com/gst/
fullpage.html?res=9C05E2D71E3BF930A35751C0A9649C8B63&scp=2&sq=%22Charles%20Schenc
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Wikipedia Encyclopedia. “Schenck v. United States.” Wikipedia. 28 Sept. 2008
<http://en.wikipedia.org/wiki/Schenck_v._United_States>.


