First Amendment Library
ADVANCED SEARCHSCHENCK v. UNITED STATES, 249 U.S. 47 (1919)
- Argued:
- January 09, 1919
- Decided:
- March 03, 1919
- Decided by:
- White Court, 1918
- Legal Principle at Issue:
- Whether the Espionage Act of 1917 violates the First Amendment. Whether leafletting to urge Americans to resist the draft during wartime is protected by the First Amendment.
- Action:
- The Supreme Court upheld the trial court’s conviction of the defendants under the Espionage Act.
Facts/Syllabus:
Socialist Charles Schenck was charged with conspiracy to violate the Espionage Act of 1917 for distributing leaflets which called the draft involuntary servitude and called for a boycott of the draft. The act made it a crime to “attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct the recruiting or enlistment service of the United States[.]”
Importance of Case:
This opinion was the first articulation of the “clear and present danger” test. The Supreme Court held, “Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment, may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done.”
In this opinion, Justice Holmes infamously wrote: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Advocates for Respondent
Advocates for Petitioner
Majority Opinion
Edward White Joseph McKenna Oliver Holmes William Day Willis Van Devanter Mahlon Pitney James McReynolds Louis Brandeis John Clarke
Concurring Opinion
No opinions found
Dissenting Opinion
No opinions found
SCHENCK
v.
UNITED STATES.
BAER
v.
UNITED STATES.
MR. JUSTICE HOLMES delivered the opinion of the court.
This is an indictment in three counts. The first charges a conspiracy to violate the Espionage Act of June 15, 1917, c. 30, § 3, 40 Stat. 217, 219, by causing and attempting *49 to cause insubordination, &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 wilfully conspired to have printed and circulated to men who had been called and accepted 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. The second count alleges a conspiracy to commit an offense against the United States, to-wit, to use the mails for the transmission of matter declared to be non-mailable by Title XII, § 2 of the Act of June 15, 1917, to-wit, the above mentioned document, with an averment of the same overt acts. The third count charges an unlawful use of the mails for the transmission of the same matter and otherwise as above. The defendants were found guilty on all the counts. They set up the First Amendment to the Constitution forbidding Congress 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 must 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 party and had charge of the Socialist headquarters from which the documents were sent. He identified a book 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 attended to the printing. On *50 August 20 the general secretary’s report said “Obtained new leaflets from printer and started work addressing envelopes” &c.; and there was a resolve that Comrade Schenck be allowed $125 for sending leaflets through the mail. He said that he had about 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. Without going into confirmatory details that were proved, no reasonable man could doubt that the defendant Schenck was largely instrumental in sending the circulars about. As to the defendant Baer there was evidence that she was a member of the Executive Board and that the minutes of its transactions were hers. The argument as to the sufficiency of the evidence that the defendants conspired to send the documents only impairs the seriousness of the real defence.
It is objected that the documentary evidence was not admissible because obtained upon a search warrant, valid so far as appears. The contrary is established. Adams v. New York, 192 U.S. 585; Weeks v. United States, 232 U.S. 383, 395, 396. The search warrant did not issue against the defendant but against the Socialist headquarters at 1326 Arch Street and it would seem that the documents technically were not even in the defendants’ possession. See Johnson v. United States, 228 U.S. 457. Notwithstanding some protest in argument the notion that evidence even directly proceeding from the defendant in a criminal proceeding is excluded in all cases by the Fifth Amendment is plainly unsound. Holt v. United States, 218 U.S. 245, 252, 253.
The document in question upon its first printed side recited the first section of the Thirteenth Amendment, said that the idea embodied in it was violated by the Conscription Act and that a conscript is little better than a *51 convict. In impassioned language it intimated that conscription was despotism in its worst form and a monstrous wrong against humanity in the interest of Wall Street’s chosen few. It said “Do not submit to intimidation,” but in form at least confined itself to peaceful measures such as a petition for the repeal of the act. The other and later printed side of the sheet was headed “Assert Your Rights.” It stated reasons for alleging that anyone violated the Constitution when he refused to recognize “your right to assert your opposition to the draft,” and went on “If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain.” It described the arguments on the other side as coming from cunning politicians and a mercenary capitalist press, and even silent consent to the conscription law as helping to support an infamous conspiracy. It denied the power to send our citizens away to foreign shores to shoot up the people of other lands, and added that words could not express the condemnation such cold-blooded ruthlessness deserves, &c., winding up “You must do your share to maintain, support and uphold the rights of the people of this country.” Of course the document would not have been sent unless it had been intended to have some effect, and we do not see what effect it could be expected to have upon persons subject to the draft except to influence them to obstruct the carrying of it out. The defendants do not deny that the jury might find against them on this point.
But it is said, suppose that that was the tendency of this circular, it is protected by the First Amendment to the Constitution. Two of the strongest expressions are said to be quoted respectively from well-known public men. It well may be that the prohibition of laws abridging the freedom of speech is not confined to previous restraints, although to prevent them may have been the *52 main purpose, as intimated in Patterson v. Colorado, 205 U.S. 454, 462. We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. Aikens v. Wisconsin, 195 U.S. 194, 205, 206. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 439. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right. It seems to be admitted that if an actual obstruction of the recruiting service were proved, liability for words that produced that effect might be enforced. The statute of 1917 in § 4 punishes conspiracies to obstruct as well as actual obstruction. If the act, (speaking, or circulating a paper,) its tendency and the intent with which it is done are the same, we perceive no ground for saying that success alone warrants making the act a crime. Goldman v. United States, 245 U.S. 474, 477. Indeed that case might be said to dispose of the present contention if the precedent covers all media concludendi. But as the right to free speech was not referred to specially, we have thought fit to add a few words.
It was not argued that a conspiracy to obstruct the draft was not within the words of the Act of 1917. The *53 words are “obstruct the recruiting or enlistment service,” and it might be suggested that they refer only to making it hard to get volunteers. Recruiting heretofore usually having been accomplished by getting volunteers the word is apt to call up that method only in our minds. But recruiting is gaining fresh supplies for the forces, as well by draft as otherwise. It is put as an alternative to enlistment or voluntary enrollment in this act. The fact that the Act of 1917 was enlarged by the amending Act of May 16, 1918, c. 75, 40 Stat. 553, of course, does not affect the present indictment and would not, even if the former act had been repealed. Rev. Stats., § 13.
Judgments affirmed.
DEP’T OF HOMELAND SEC. v. MACLEAN, 135 S. Ct. 913 (2015)
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CARLUCCI, FRANK C., SECRETARY OF DEFENSE, et al. v. DOE, JOHN, 488 U.S. 93 (1988)
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- Loyalty and Security
WEBSTER, DIRECTOR OF CENTRAL INTELLIGENCE v. DOE, 486 U.S. 592 (1988)
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DEPARTMENT OF THE NAVY v. EGAN, 484 U.S. 518 (1988)
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REGAN, SECRETARY OF THE TREASURY, et al. v. WALD et al., 468 U.S. 222 (1984)
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HAIG, SECRETARY OF STATE v. AGEE, 453 U.S. 280 (1981)
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EASTLAND et al. v. UNITED STATES SERVICEMEN’S FUND et al., 421 U.S. 491 (1975)
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- Loyalty and Security
COMMUNIST PARTY OF INDIANA et al. v. WHITCOMB, GOVERNOR OF INDIANA, et al., 414 U.S. 441 (1974)
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- Loyalty and Security
HESS v. INDIANA, 414 U.S. 105 (1973)
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- Advocacy of Violence
KLEINDIENST, ATTORNEY GENERAL, et al. v. MANDEL et al., 408 U.S. 753 (1972)
- Related Sub-Topic:
- Loyalty and Security
SOCIALIST LABOR PARTY et al. v. GILLIGAN, GOVERNOR OF OHIO, et al., 406 U.S. 583 (1972)
- Related Sub-Topic:
- Loyalty and Security
COLE, STATE HOSPITAL SUPERINTENDENT, et al. v. RICHARDSON, 405 U.S. 676 (1972)
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- Loyalty and Security
CONNELL v. HIGGINBOTHAM et al., 403 U.S. 207 (1971)
- Related Sub-Topic:
- Loyalty and Security
BAIRD v. STATE BAR OF ARIZONA, 401 U.S. 1 (1971)
- Related Sub-Topic:
- Loyalty and Security
In re STOLAR, 401 U.S. 23 (1971)
- Related Sub-Topic:
- Loyalty and Security
LAW STUDENTS CIVIL RIGHTS RESEARCH COUNCIL, INC., et al. v. WADMOND et al., 401 U.S. 154 (1971)
- Related Sub-Topic:
- Loyalty and Security
COLE, BOSTON STATE HOSPITAL SUPERINTENDENT, et al. v. RICHARDSON, 397 U.S. 238 (1970)
- Related Sub-Topic:
- Loyalty and Security
BRYSON v. UNITED STATES, 396 U.S. 64 (1969)
- Related Sub-Topic:
- Loyalty and Security
BRANDENBURG v. OHIO, 395 U.S. 444 (1969)
- Related Sub-Topics:
- Advocacy of Violence, Sedition
SCHNEIDER v. SMITH, COMMANDANT, UNITED STATES COAST GUARD, 390 U.S. 17 (1968)
- Related Sub-Topic:
- Loyalty and Security
UNITED STATES v. ROBEL, 389 U.S. 258 (1967)
- Related Sub-Topic:
- Loyalty and Security
WHITEHILL v. ELKINS, PRESIDENT, UNIVERSITY OF MARYLAND, et al., 389 U.S. 54 (1967)
- Related Sub-Topic:
- Loyalty and Security
DOMBROWSKI et al. v. EASTLAND et al., 387 U.S. 82 (1967)
- Related Sub-Topic:
- Loyalty and Security
KEYISHIAN et al. v. BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK et al., 385 U.S. 589 (1967)
- Related Sub-Topic:
- Loyalty and Security
UNITED STATES v. LAUB et al., 385 U.S. 475 (1967)
- Related Sub-Topic:
- Loyalty and Security
TRAVIS v. UNITED STATES, 385 U.S. 491 (1967)
- Related Sub-Topic:
- Loyalty and Security
DENNIS ET AL. v. UNITED STATES, 384 U.S. 855 (1966)
- Related Sub-Topics:
- Loyalty and Security, Sedition
GOJACK v. UNITED STATES, 384 U.S. 702 (1966)
- Related Sub-Topic:
- Loyalty and Security
ELFBRANDT v. RUSSELL et al., 384 U.S. 11 (1966)
- Related Sub-Topic:
- Loyalty and Security
DEGREGORY v. ATTORNEY GENERAL OF NEW HAMPSHIRE, 383 U.S. 825 (1966)
- Related Sub-Topic:
- Loyalty and Security
ALBERTSON et al. v. SUBVERSIVE ACTIVITIES CONTROL BOARD, 382 U.S. 70 (1965)
- Related Sub-Topic:
- Loyalty and Security
UNITED STATES v. BROWN, 381 U.S. 437 (1965)
- Related Sub-Topic:
- Loyalty and Security
ZEMEL v. RUSK, SECRETARY OF STATE, et al., 381 U.S. 1 (1965)
- Related Sub-Topic:
- Loyalty and Security
AMERICAN COMMITTEE FOR PROTECTION OF FOREIGN BORN v. SUBVERSIVE ACTIVITIES CONTROL BOARD, 380 U.S. 503 (1965)
- Related Sub-Topic:
- Loyalty and Security
VETERANS OF THE ABRAHAM LINCOLN BRIGADE v. SUBVERSIVE ACTIVITIES CONTROL BOARD, 380 U.S. 513 (1965)
- Related Sub-Topic:
- Loyalty and Security
STANFORD v. TEXAS, 379 U.S. 476 (1965)
- Related Sub-Topic:
- Loyalty and Security
APTHEKER et al. v. SECRETARY OF STATE, 378 U.S. 500 (1964)
- Related Sub-Topic:
- Loyalty and Security
BAGGETT et al. v. BULLITT et al., 377 U.S. 360 (1964)
- Related Sub-Topic:
- Loyalty and Security
RABINOWITZ et al. v. KENNEDY, ATTORNEY GENERAL, 376 U.S. 605 (1964)
- Related Sub-Topic:
- Loyalty and Security
KREZNAR et al. v. UNITED STATES., 376 U.S. 221 (1964)
- Related Sub-Topic:
- Loyalty and Security
GREENE v. UNITED STATES, 376 U.S. 149 (1964)
- Related Sub-Topic:
- Loyalty and Security
YELLIN v. UNITED STATES, 374 U.S. 109 (1963)
- Related Sub-Topic:
- Loyalty and Security
WHEELDIN et al. v. WHEELER, 373 U.S. 647 (1963)
- Related Sub-Topic:
- Loyalty and Security
GIBSON v. FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE, 372 U.S. 539 (1963)
- Related Sub-Topic:
- Loyalty and Security
SILBER v. UNITED STATES, 370 U.S. 717 (1962)
- Related Sub-Topic:
- Loyalty and Security
HARTMAN v. UNITED STATES, 370 U.S. 724 (1962)
- Related Sub-Topic:
- Loyalty and Security
GRUMMAN v. UNITED STATES, 370 U.S. 288 (1962)
- Related Sub-Topic:
- Loyalty and Security
RUSSELL v. UNITED STATES, 369 U.S. 749 (1962)
- Related Sub-Topic:
- Loyalty and Security
NOSTRAND et al. v. LITTLE et al., 368 U.S. 436 (1962)
- Related Sub-Topic:
- Loyalty and Security
KILLIAN v. UNITED STATES, 368 U.S. 231 (1961)
- Related Sub-Topic:
- Loyalty and Security
CRAMP v. BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY, 368 U.S. 278 (1961)
- Related Sub-Topic:
- Loyalty and Security
CAFETERIA & RESTAURANT WORKERS UNION, LOCAL 473, AFL-CIO, et al. v. MCELROY et al., 367 U.S. 886 (1961)
- Related Sub-Topic:
- Loyalty and Security
COMMUNIST PARTY, U. S. A., et al. v. CATHERWOOD, INDUSTRIAL COMMISSIONER, 367 U.S. 389 (1961)
- Related Sub-Topic:
- Loyalty and Security
DEUTCH v. UNITED STATES, 367 U.S. 456 (1961)
- Related Sub-Topic:
- Loyalty and Security
COMMUNIST PARTY OF THE UNITED STATES v. SUBVERSIVE ACTIVITIES CONTROL BOARD, 367 U.S. 1 (1961)
- Related Sub-Topic:
- Loyalty and Security
SCALES v. UNITED STATES, 367 U.S. 203 (1961)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security
NOTO v. UNITED STATES, 367 U.S. 290 (1961)
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- Advocacy of Violence, Loyalty and Security
SLAGLE et al. v. OHIO, 366 U.S. 259 (1961)
- Related Sub-Topic:
- Loyalty and Security
KONIGSBERG v. STATE BAR OF CALIFORNIA et al., 366 U.S. 36 (1961)
- Related Sub-Topic:
- Loyalty and Security
In re ANASTAPLO, 366 U.S. 82 (1961)
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- Loyalty and Security
WILKINSON v. UNITED STATES, 365 U.S. 399 (1961)
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- Loyalty and Security
BRADEN v. UNITED STATES, 365 U.S. 431 (1961)
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- Loyalty and Security
TRAVIS v. UNITED STATES, 364 U.S. 631 (1961)
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- Loyalty and Security
SHELTON et al. v. TUCKER et al., 364 U.S. 479 (1960)
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- Loyalty and Security
MCPHAUL v. UNITED STATES, 364 U.S. 372 (1960)
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- Loyalty and Security
UPHAUS v. WYMAN, ATTORNEY GENERAL OF NEW HAMPSHIRE, 364 U.S. 388 (1960)
- Related Sub-Topic:
- Loyalty and Security
FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. NESTOR, 363 U.S. 603 (1960)
- Related Sub-Topic:
- Loyalty and Security
NOSTRAND et al. v. LITTLE et al., 362 U.S. 474 (1960)
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- Loyalty and Security
NELSON et al. v. COUNTY OF LOS ANGELES et al., 362 U.S. 1 (1960)
- Related Sub-Topic:
- Loyalty and Security
GREENE v. MCELROY et al., 360 U.S. 474 (1959)
- Related Sub-Topic:
- Loyalty and Security
TAYLOR v. MCELROY et al., 360 U.S. 709 (1959)
- Related Sub-Topic:
- Loyalty and Security
RALEY et al. v. OHIO, 360 U.S. 423 (1959)
- Related Sub-Topic:
- Loyalty and Security
UPHAUS v. WYMAN, ATTORNEY GENERAL OF NEW HAMPSHIRE, 360 U.S. 72 (1959)
- Related Sub-Topic:
- Loyalty and Security
BARENBLATT v. UNITED STATES, 360 U.S. 109 (1959)
- Related Sub-Topic:
- Loyalty and Security
VITARELLI v. SEATON, SECRETARY OF THE INTERIOR, et al., 359 U.S. 535 (1959)
- Related Sub-Topic:
- Loyalty and Security
SCULL v. VIRGINIA ex rel. COMMITTEE ON LAW REFORM AND RACIAL ACTIVITIES, 359 U.S. 344 (1959)
- Related Sub-Topic:
- Loyalty and Security
FLAXER v. UNITED STATES, 358 U.S. 147 (1958)
- Related Sub-Topic:
- Loyalty and Security
BEILAN v. BOARD OF PUBLIC EDUCATION, SCHOOL DISTRICT OF PHILADELPHIA, 357 U.S. 399 (1958)
- Related Sub-Topic:
- Loyalty and Security
LERNER v. CASEY et al., CONSTITUTING THE NEW YORK CITY TRANSIT AUTHORITY, 357 U.S. 468 (1958)
- Related Sub-Topic:
- Loyalty and Security
SPEISER v. RANDALL, ASSESSOR OF CONTRA COSTA COUNTY, CALIFORNIA, 357 U.S. 513 (1958)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security
FIRST UNITARIAN CHURCH OF LOS ANGELES v. COUNTY OF LOS ANGELES et al., 357 U.S. 545 (1958)
- Related Sub-Topic:
- Loyalty and Security
FIRST METHODIST CHURCH OF SAN LEANDRO et al. v. HORSTMANN, ASSESSOR OF ALAMEDA COUNTY, CALIFORNIA, et al., 357 U.S. 568 (1958)
- Related Sub-Topic:
- Loyalty and Security
KENT et al. v. DULLES, SECRETARY OF STATE, 357 U.S. 116 (1958)
- Related Sub-Topic:
- Loyalty and Security
DAYTON v. DULLES, SECRETARY OF STATE, 357 U.S. 144 (1958)
- Related Sub-Topic:
- Loyalty and Security
SACHER v. UNITED STATES, 356 U.S. 576 (1958)
- Related Sub-Topic:
- Loyalty and Security
ROWOLDT v. PERFETTO, ACTING OFFICER IN CHARGE, IMMIGRATION AND NATURALIZATION SERVICE, 355 U.S. 115 (1957)
- Related Sub-Topic:
- Loyalty and Security
WATKINS v. UNITED STATES, 354 U.S. 178 (1957)
- Related Sub-Topic:
- Loyalty and Security
SWEEZY v. NEW HAMPSHIRE, BY WYMAN, ATTORNEY GENERAL, 354 U.S. 234 (1957)
- Related Sub-Topic:
- Loyalty and Security
YATES et al. v. UNITED STATES, 354 U.S. 298 (1957)
- Lower Court Ruling:
- Overruled (in part)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security, Sedition
SERVICE v. DULLES et al., 354 U.S. 363 (1957)
- Related Sub-Topic:
- Loyalty and Security
COLE v. YOUNG et al., 351 U.S. 536 (1956)
- Related Sub-Topic:
- Loyalty and Security
COMMUNIST PARTY OF THE UNITED STATES v. SUBVERSIVE ACTIVITIES CONTROL BOARD, 351 U.S. 115 (1956)
- Related Sub-Topics:
- Loyalty and Security, Sedition
SLOCHOWER v. BOARD OF HIGHER EDUCATION OF NEW YORK CITY, 350 U.S. 551 (1956)
- Related Sub-Topic:
- Loyalty and Security
PENNSYLVANIA v. NELSON, 350 U.S. 497 (1956)
- Related Sub-Topic:
- Loyalty and Security
PETERS v. HOBBY et al., 349 U.S. 331 (1955)
- Related Sub-Topic:
- Loyalty and Security
BARSKY v. BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK, 347 U.S. 442 (1954)
- Related Sub-Topic:
- Loyalty and Security
LINEHAN et al. v. WATERFRONT COMMISSION OF NEW YORK HARBOR et al., 347 U.S. 439 (1954)
- Related Sub-Topic:
- Loyalty and Security
NATIONAL LABOR RELATIONS BOARD v. DANT ET AL., DOING BUSINESS AS DANT & RUSSELL, LTD., 344 U.S. 375 (1953)
- Related Sub-Topic:
- Loyalty and Security
WIEMAN et al. v. UPDEGRAFF et al., 344 U.S. 183 (1952)
- Related Sub-Topic:
- Loyalty and Security
CARLSON ET AL. v. LANDON, DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION SERVICE, 342 U.S. 524 (1952)
- Related Sub-Topic:
- Loyalty and Security
HARISIADES v. SHAUGHNESSY, DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION, 342 U.S. 580 (1952)
- Related Sub-Topic:
- Loyalty and Security
ADLER ET AL. v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, 342 U.S. 485 (1952)
- Lower Court Ruling:
- Overruled
- Related Sub-Topic:
- Loyalty and Security
DENNIS ET AL. v. UNITED STATES, 341 U.S. 494 (1951)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security
GARNER ET AL. v. BOARD OF PUBLIC WORKS OF LOS ANGELES ET AL., 341 U.S. 716 (1951)
- Related Sub-Topic:
- Loyalty and Security
NATIONAL LABOR RELATIONS BOARD v. HIGHLAND PARK MANUFACTURING CO., 341 U.S. 322 (1951)
- Related Sub-Topic:
- Loyalty and Security
JOINT ANTI-FASCIST REFUGEE COMMITTEE v. McGRATH, ATTORNEY GENERAL, ET AL., 341 U.S. 123 (1951)
- Related Sub-Topic:
- Loyalty and Security
GERENDE v. BOARD OF SUPERVISORS OF ELECTIONS OF BALTIMORE, 341 U.S. 56 (1951)
- Related Sub-Topic:
- Loyalty and Security
FEINER v. NEW YORK, 340 U.S. 315 (1951)
- Related Sub-Topic:
- Advocacy of Violence
OSMAN ET AL. v. DOUDS, REGIONAL DIRECTOR OF THE NATIONAL LABOR RELATIONS BOARD, 339 U.S. 846 (1950)
- Related Sub-Topic:
- Loyalty and Security
AMERICAN COMMUNICATIONS ASSN., C. I. O., ET AL. v. DOUDS, REGIONAL DIRECTOR OF THE NATIONAL LABOR RELATIONS BOARD, 339 U.S. 382 (1950)
- Related Sub-Topic:
- Loyalty and Security
UNITED STATES EX REL. KNAUFF v. SHAUGHNESSY, ACTING DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION, 338 U.S. 537 (1950)
- Related Sub-Topic:
- Loyalty and Security
TERMINIELLO v. CHICAGO, 337 U.S. 1 (1949)
- Related Sub-Topic:
- Advocacy of Violence
TAYLOR v. MISSISSIPPI, 319 U.S. 583 (1943)
- Related Sub-Topic:
- Advocacy of Violence
HERNDON v. LOWRY, SHERIFF, 301 U.S. 242 (1937)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security
DE JONGE v. OREGON, 299 U.S. 353 (1937)
- Related Sub-Topic:
- Loyalty and Security
WHITNEY v. CALIFORNIA, 274 U.S. 357 (1927)
- Lower Court Ruling:
- Overruled
- Related Sub-Topics:
- Advocacy of Violence, Sedition
FISKE v. KANSAS, 274 U.S. 380 (1927)
- Related Sub-Topic:
- Advocacy of Violence
GITLOW v. PEOPLE OF NEW YORK, 268 U.S. 652 (1925)
- Related Sub-Topics:
- Advocacy of Violence, Sedition
PIERCE et al. v. UNITED STATES, 252 U.S. 239 (1920)
- Related Sub-Topic:
- Loyalty and Security
SCHAEFER v. UNITED STATES, 251 U.S. 466 (1920)
- Related Sub-Topic:
- Loyalty and Security
ABRAMS et al. v. UNITED STATES, 250 U.S. 616 (1919)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security, Sedition
FROHWERK v. UNITED STATES, 249 U.S. 204 (1919)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security
DEBS v. UNITED STATES, 249 U.S. 211 (1919)
- Related Sub-Topics:
- Advocacy of Violence, Loyalty and Security, Sedition
SUGARMAN v. UNITED STATES, 249 U.S. 182 (1919)
- Related Sub-Topic:
- Loyalty and Security
External Resources:
- David Asp, “Schenck v. United States (1919),” First Amendment Encyclopedia.
Topics: Advocacy of Violence, Freedom of Speech & Expression, Loyalty and Security, Sedition
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