Question

Are schencks free speech rights violated? Why or why not

Answer 1

Charles Schenck was the general secretary of the Socialist Party in the United States. He was arrested under the espionage act which outlined that no man has the right to print, say or publish anything against the government.

Explanation:

Charles was arrested because he was proved to be guilty for distributing pamphlets which urged the people to resist the war and he also urged the people to assert their right by refusing to be selected to go to war filed.  He was also charged to have stopped and obstructed the recruitment efforts of the government to select many soldiers during world war I.

The supreme court ruled rightly saying that the protection of free speech is important but not at the cost of a situation which for example mean, man who unnecessarily creates panic by shouting "fire" in a public place. He had the right to speak but it must be noted that it created panic that people started to rush. Similarly in this case, Charles had the right to speak but he created fear in the minds of civilians who abstained from cooperating with the government and on this basis Charles was victimized.