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What were the lower courts' decisions in Schenck v. US?
United States v. Schenck et al., 253 F. 212 (E. D. Pa. 1918) Background Charles T. Schenck, General Secretary of the Socialist Party, was convicted under the recently enac…ted Espionage Act of 1917 of attempting to interfere with the operation of the United States Armed Forces by urging men to resist the draft. Schenck, in his capacity as an official of the Socialist Party, was in charge of the Socialist headquarters where the Executive Committee met. According to meeting minutes found on the premises, the committee had issued a resolution on August 13, 1917 that 15,000 leaflets should be printed and distributed to men who had been drafted or were eligible for the draft. Schenck undertook responsibility for printing and mailing the circulars, while his co-defendant, Dr. Elizabeth Baer (named in the full caption), had recorded the meeting minutes. Quoting the 13th Amendment prohibition against slavery and involuntary servitude, the Socialists claimed the 1917 Conscription Act (draft) violated the Constitution, and said that a conscript (draftee) is "little better than a convict." The pamphlet further claimed the draft was a "monstrous crime" against humanity, intended to benefit "Wall Street's chosen few." The literature also said, "Do not submit to intimidation," and exhorted men to "Assert Your Rights," but advocated only peaceful means of protest, such as petitioning for repeal of the Conscription Act. US District Court Decision Charles Schenck and Elizabeth Baer were indicted in federal District Court of the United States for the Eastern District of Pennsylvania on three counts: Conspiracy to violate the Espionage Act, §4, by causing and attempting to cause insubordination in the armed forces and with obstructing the recruitment and enlistment service of the United States;Conspiracy to commit an illegal act against the United States by using the mails to transmit prohibited material; and,An unlawful use of the mails. The defendants claimed their writing was protected by the First Amendment and both pled not guilty. Judge Whitaker Thompson found them guilty under the Espionage Act and convicted both parties on December 20, 1917. Schenck was sentenced to six months in prison; Baer was sentenced to 90 days. The case was appealed directly to the US Supreme Court, bypassing the Circuit Court. For information about Schenck's appeal to the US Supreme Court, see Related Links, below. (MORE)
