![]() ![]() Schenck and Baer, members and leaders of the Socialist Party, had been indicted under the Espionage Act for sending literature to recently conscripted soldiers suggesting that the draft was a form of involuntary servitude that violated the Thirteenth Amendment. Court upheld Espionage Act convictions for leaflets critical of World War I indicated that the most stringent interpretations of the First Amendment would not protect a person who causes public panic by shouting “Fire!” in a theater when no fire exists. The ruling established that Congress has more latitude in limiting speech in times of war than in peacetime and set out the clear and present danger test, in which Justice Oliver Wendell Holmes Jr. 47 (1919), the Supreme Court affirmed the conviction of Charles Schenck and Elizabeth Baer for violating the Espionage Act of 1917 through actions that obstructed the “recruiting or enlistment service” during World War I. (Photo via Library of Congress Prints and Photographs Division Washington, public domain) United States (1919), Socialist leaders Charles Schenck and Elizabeth Baer were convicted under the Espionage Act for letters that suggested the draft was a form of involuntary servitude. During World War I, First Amendment freedoms were restricted. This photograph shows a Socialist anti-war rally against World War I in Union Square, New York City in 1914.
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