LAD #26

LAD #26-Schenck v. United States

This court case, brought to the Federal Supreme Court was over the decision of the 1st Amendment to the Constitution of our nation. The court was in a sticky place to decide whether the defendent could vocally legally protest the WWI draft to the extent that they did. The decision of this court case is part of the common saying we know today as to not "yell fire in a crowded theater." Justice Holmes delivered the verdict that is still famous today declaring that any action that is deemed "clear and present danger" illegal. The Supreme Court defended their decision by saying that the 1st Amendment did not extend as far as Americans originally thought and was limited during the nation's time of need, such as wartime, like WWI and that it was the duty of the American to support their nation. In the end, Scheneck lost the case and this new interpretation of the 1st Amendment was enforced.