Schneck vs United States :: essays research papers

Schenck vs. United States- 1919HOLLIES, J. This is an indictment in three counts. The first charges a conspiracy to violate the Espionage Act of June 15, 1917 . . . by causing and attempting to cause riot, &c., in the military and naval forces of the United States, and to obstruct the recruiting and enlistment service of the United States, when the United States was at war with the German Empire, to wit, that the defendants willfully conspired to have printed and circulated to men who had been called and recognised for military service under the Act of May 18, 1917, a document set forth and alleged to be calculated to cause such insubordination and obstruction. The count alleges overt acts in pursuance of the conspiracy, ending in the distribution of the document set forth. . . . They set up the First Amendment to the Constitution forbidding social intercourse to make any law abridging the freedom of speech, or of the press, and bringing the case here on that ground have argued some other points also of which we mustiness dispose.It is argued that the evidence, if admissible, was not sufficient to prove that the defendant Schenck was concerned in sending the documents. According to the testimony Schenck said he was general secretary of the Socialist caller and had charge of the Socialist headquarters from which the documents were sent. He identified a oblige found there as the minutes of the Executive Committee of the party The book showed a resolution of August 13, 1917, that 15,000 leaflets should be printed on the other side of one of them in use, to be mailed to men who had passed exemption boards, and for distribution. Schenck personally be to the printing. On August 20 the general secretarys report said, "Obtained new leaflets from printer and started work addressing envelopes" &c. and there was a resolve that Comrade Schenck be allowed $ one hundred twenty-five for sending leaflets through and through the mail. He said that he had ab out fifteen or sixteen thousand printed. There were files of the circular in question in the inner office which he said were printed on the other side of the one sided circular and were there for distribution. Other copies were proved to have been sent through the mails to drafted men. With out going into confirmatory details that were l proved, no reasonable man could doubt that the defendant Schenck was largely instrumental in sending the circulars about.