Question

During World War I, Charles T. Schenck wrote this in a flyer that he sent out to thousands of young American men:

When you conscript a man and compel him to go abroad to fight against his will, you violate the most sacred right of personal liberty, and substitute for
it what Daniel Webster called "despotism in its worst form"...A conscripted citizen is forced to surrender his right as a citizen and become a subject. He
is forced into involuntary servitude.
What wartime decision is he referring to? And what wartime law did it break?

Answer 1

Charles T. Schenck criticized the WWI draft in flyers, violating the Espionage Act of 1917, which led to Schenk v. United States. The Court's decision established the 'clear and present danger' test, indicating that in wartime, certain speech may not be protected by the First Amendment.

Step-by-step explanation:

During World War I, Charles T. Schenck was referring to the wartime decision of the draft, or conscription, which required young American men to serve in the military. Schenck's distribution of flyers was a violation of the wartime law known as the Espionage Act of 1917. In his flyers, Schenck criticized the draft as a form of "despotism" and involuntary servitude.

His actions led to the landmark Supreme Court decision in Schenk v. United States, where the Court established the "clear and present danger" test. This decided that during war, expressions that present a significant, immediate threat to national security or military success are not protected by the First Amendment's guarantee of free speech. That is why Schenck's anti-conscription actions, though expressing a political viewpoint, were not covered by the First Amendment during the context of war.