Summary of Schenck vs. US case
In 1919, Schenck was charged with the intended plot to infringe on the Espionage Act of 1917 . He did so by attempting to encourage insubordination within the military as a means of obstructing ongoing recruitment. Schenck's words, along with his actions, received a unanimous vote from all nine Supreme Court Justices, stating that they were not valid or legal based on the First Amendment of the Constitution. further The Supreme Court also decided that Congress has the right to limit the rights protected by the First Amendment, such as the freedom of speech in this case, in times of war or instability. Holmes reference to a "clear and present danger."
This is a very important topic of conversation as of late, for President Trump has been maximizing his freedom of speech... that is... to his 140 character potential. Although, he has exhibited careless talk a number of times, but hasn't broken any laws in the process.
