Opravy

In the beginning of the twentieth century, the United States entered World War I alongside the allied forces in order to fight against the German Empire.

For this reason, Schenck mailed to draftees some ideological flyers.

Indeed, he occupied a high position in the American Socialist party and the said flyers suggested that war reflects despotism and solely serves the interests of the greedy capitalists.

Also, the flyers exhorted not to submit to intimidation and reminded that everyone has a right to disagree with the ongoing war.

There is no doubt that the circulars aimed to cause insubordination and rebellion within the American forces.

The United States brought an action before the court to establish the violation of the Espionage Act.

Subsequently, Schenck have been found guilty by the District Court, and hence this appeal.