LAD #26

LAD #26
SCHENCK V. UNITED STATES; BAER V. UNITED STATES
March 3, 1919

The incriminating documents that were seized under a search warrant for the investigating of Socialist headquarters,(which was consistent with the Fourth and Fifth Amendments,) are now being used in a criminal prosecution against the general secretary of a Socialist party, who had charge of the office. There have been multiple examples of developments contrary to the Espionage Act of June 15, 1917, as Mr. Justice Holmes has presented to the Court. It may be noted that during the time when the United States was at war with Germany, the defendants knowingly conspired to have printed and then circulated the secret documents of subordination a obstruction, to men under the military service of this nation. By doing so the defendants have opposed the Act of May 18, 1917. The second offense would be to use the American mailing system for the transmission of matter declared to be ‘non-mail-able’ by the Act of June 15, 1917. However, it may also be noted that the First Amendment of the Constitution clearly supports the freedom of speech. The defendant, Schenck, who had been accused of the sending of this unacceptable material is a general secretary of the Socialist party. Furthermore, Schenck was undeniably involved with the printing and circulation of the 15,000 leaflets. An argument made was the search warrant was invalid, as it was intended to investigate the Socialist headquarters verses the Secretary in question. Valid arguments were then made in regards to ‘freedom of speech’. It was said that, while the importance of the freedom of speech remains, not any one man could yell “fire” in a crowed theater without actual knowledge of a fire, or hazardous conditions. As soon as one person violates the rights of others by speech, then it is no longer acceptable. Therefore the Act of 1917 was enlarged by the amending Act of May 16, 1918.