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| Charles Schenck, a man convicted for obstructing the draft of soldiers into the army. |
In Schenck v. the United States, Schenck mailed circulars to draftees that discouraged them from following the draft and joining the army and encouraged them to petition to appeal the Conscription Act. He was charged with violating the Espionage Act and obstructing recruitment. His case was appealed because of suspected violation of the First Amendment / free speech. The decision was unanimous in favor of the United States, with the reason being the character of every act depends on the situation. According to Holmes, in wartime, there is a "clear and present danger" that will stimulate evils Congress needs to prevent, and so certain things that are okay in peacetime can be punished.
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