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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 enacted 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.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoSchenck v. United States, 249 US 47 (1919)
Schenck was only heard in US District Court for the Eastern District of Pennsylvania (United States v. Schenck et al., 253 F. 212 (E. D. Pa. 1918)) before being petitioned to the US Supreme Court on direct appeal. The case bypassed the US Court of Appeals for the Third Circuit because its constitutional importance guaranteed it would be heard by the Supreme Court eventually, anyway.
For more information, see Related Questions, below.
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Where do the cases heard by the US court of appeals originate?
lower district courts
What are purposes of the 12 federal courts of appeals?
AnswerThe US Courts of Appeals Circuit Courts have appellate jurisdiction over cases appealed from US District Courts within their geographical territory (they hear appeals of cases tried in US District Courts).AnswerReview and rule on cases referred to them from the US District Courts under their jurisdiction.
Does the Judicial Branch consist of the Supreme Court and US courts?
No. The Supreme Court of the United States is head of the Judicial branch, but there are lower courts and tribunals that are also included, such as the US District Courts and the US Courts of Appeals Circuit Courts, among others.
Why were the US Court of Appeals Circuit Courts created?
Courts of appeals review decisions made by lower courts and serve as a step between them and the next higher court, which is usually the supreme court at the state or federal level. They were created to promote efficiency and eliminate backlogs for higher courts.
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
Can lower courts reverse or change US Supreme Court decisions?
No. Rulings of the US Supreme Court are 'the law of the land.'
What court reviews decisions of lower courts and administrative agencies?
Twelve of the thirteen US Court of Appeals Circuit Courtshave appellate jurisdiction over cases heard in the 94 US District Courts. The Circuit Courts review decisions or other facets of cases that have been sent them on appeal.
Are there courts controlled by the US Supreme Court?
Not directly. The US Supreme Court is the highest federal appellate court in the United States. Lower courts are supposed to follow precedents set by the Court's decisions, but the Supreme Court doesn't exercise operational control over the lower courts.
What are the of lower courts in the United States of America?
US District Courts ...US Courts of Appeal ...
What District Courts of Appeal judges oppose same-sex marriage?
In the US Federal Court System, there are no District Courts of Appeal. The United States Courts of Appeal for various CIRCUITS review the decisions of lower DISTRICT courts. Also, judges are expected to be neutral on political issues and render decisions based upon the law and evidence presented.
Where do the cases heard by the US court of appeals originate?
lower district courts
What three decisions can the US Court of Appeals Circuit Courts make about the cases before them?
UPHOLD the lower court's decision. REVERSE the lower court's decision. REMAND the lower court's decision back to it.
The doctrine of stare decisis binds judges to follow the prior decisions of?
The doctrine of stare decisis binds judges to follow precedents set by higher appellate courts under which jurisdiction the particular lower court falls.For example, in the federal court system US Supreme Court decisions create binding precedents for all US District Courts and US Court of Appeals Circuit Courts; however, Circuit Court decisions only set binding precedents for the US District Courts within their territorial jurisdiction.The exception to this is decisions of the US Court of Appeals for the Federal Circuit, which has nationwide jurisdiction (below that of the Supreme Court) over special subject-matter cases.
Which court can repeal decisions made in federal district courts?
U.S. courts of appealThe actual answer to your question is none. No-one repeals decision of any courts. However, decisions of courts can be reversed. The Federal Courts of Appeals can reverse decisions of federal district courts. That's it.Added: And the US Supreme Court can over-rule the decision of ANY inferior court.
Does US Supreme Court review cases to ensure that the opinions and actions of the lower courts comply with the US Constitution?
No. The US Supreme Court hears final appeals from lower courts.
The court workload in the US is handled by?
the lower courts
The Circuit Courts hear appeals from 94 of these lower courts?
US District Courts, the trial courts of the Judicial Branch of the federal government.
