LAD #30

The Schenck vs. U.S. case occurred in 1919. It supported the Espionage Act of 1917, this act said that there could be no interference with any military plans. The act also said that the 1st Amendment would not save anyone from being drafted into the war, and that it was illegal to avoid the draft or find a way to not be drafted. The case began a test called the "clear and present danger" test. This test determined free speech against the draft. In the end Schenck was found guilty and was sentenced to 6 months in prison because he appealed that his freedom of speech was violated.