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Topic: Charles Schenck

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Fifteenth Amendment to the United States Constitution

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	Terry Mason's Family History Web Site.
		Charles Wodell on 29 Jun 1825 in Dartmouth, Bristol, Massachusetts.
		Garret Schenck was born on 14 Aug 1809 in Middletown, Monmouth, New Jersey.
		Gertrude Schenck was born in 1810 in Middletown, Monmouth, New Jersey.
	www.tmason1.com /pafg622.htm (899 words)

	Descendents of John Schenck - pafg05.htm - Generated by Personal Ancestral File
		Helen Schenck was born in Aug 1884 in Pennsylvania.
		Mary J Schenck was born in 1869 in Howard Township, Centre County, Pennsylvania.
		Charles Schenck was born in Mar 1870 in Howard Township, Centre County, Pennsylvania.
	home1.gte.net /~vze2k7w9/schenck/schenck1/pafg05.htm (448 words)

	Descendants of Wolphert Gerretse Van Kouwenhoven - Person Page 2263
		Charles A. Schenck was shown in the census on July 6, 1870 as a farmer.
		Charles A. Schenck was shown in the census on June 4, 1880 as a farmer.
		Charles A. Schenck was shown in the census on June 21, 1900 as a farmer.
	freepages.genealogy.rootsweb.com /~conover/conover-p/p2263.htm (3415 words)

	The 1920's
		Charles Schenck, member of the Socialist Party, sentenced to 15 years for publishing pamphlets urging citizens to refuse to participate in the draft.
		Charles Schenck was arrested for violating the Espionage Act, passed by Congress in 1914.
		Schenck, a member of the Socialist Party, opposed the war and printed and distributed pamphlets urging citizens to oppose the draft which he likened to slavery.
	www.socialstudieshelp.com /USRA_1920s.htm (1605 words)

	America Responds to Terrorism -- Constitutional Rights Foundation
		Schenck admitted that he had sent the circulars, but argued that he had a right to do so under the First Amendment and was merely exercising his freedom of speech.
		Schenck was not covered by the First Amendment since freedom of speech was not an absolute right.
		In the Schenck case, the highest court in the nation ruled that freedom of speech could be limited by the government.
	www.crf-usa.org /terror/clear_present.htm (1619 words)

	Descendants of Wolphert Gerretse Van Kouwenhoven - Person Page 2273
		Jacob Schenck was the son of Roelof Garretse Schenck and Engeltje Jacobse Van Doren.
		Jacob Schenck was shown in the census on June 14, 1870 as a farmer.
		Jacob Schenck was shown in the census on June 13, 1860 as a farmer.
	www.conovergenealogy.com /conover-p/p2273.htm (3978 words)

	Schenck v. United States (1919) (Site not responding. Last check: 2007-10-10)
		Schenck was the general secretary of the American Socialist Party and, like most other members of the party, he strongly opposed the war.
		Schenck claimed there was not enough evidence to convict him of the charges that had been brought against him.
		The guideline is the existence of a "clear and present danger," a situation in which free speech could bring harm to the general welfare.
	homepages.nyu.edu /~df349/hses/government/supreme_court/schenck.htm (632 words)

	SCHENCK v UNITED STATES (1919)
		Charles T. Schenck, general secretary of the Socialist party, was convicted of “causing and attempting to cause insubordination in the military and naval forces of the United States,” in violation of the Espionage Act of 1917.
		On August 20 the general secretary’s report said, “Obtained new leaflets from the printer and started work addressing envelopes,” etc.; and there was a resolve that Comrade Schenck be allowed $125 for sending leaflets through the mail.
		Without going into confirmatory details that were proved, no reasonable man could doubt that the defendant Schenck was largely instrumental in sending the circulars about.
	web.utk.edu /~scheb/schenck.html (829 words)

	Schenck v. United States (1919) (via CobWeb/3.1 planetlab2.isi.jhu.edu) (Site not responding. Last check: 2007-10-10)
		It is argued that the evidence, if admissible, was not sufficient to prove that the defendant Schenck was concerned in sending the documents.
		The book showed a resolution of August 13, 1917, that 15,000 leaflets should be printed on the other side of one of them in use, to be mailed to men who had passed exemption boards, and for distribution.
		As to the defendant Baer, there was evidence that she was a member of the Executive Board, and that the minutes of its transactions were hers.
	www.bc.edu.cob-web.org:8888 /bc_org/avp/cas/comm/free_speech/schenck.html (1334 words)

	Schenck v. United States (1919) (Site not responding. Last check: 2007-10-10)
		During World War I, when the United States was at war with Germany, Congress passed the Espionage Act, outlawing any attempt to foster insubordination or obstruct the draft.
		Charles Schenck, general secretary of the Socialist Party, was arrested for conspiring to print and circulate leaflets that would obstruct and hinder the enlistment service of the United States.
		Schenck argued that the Espionage Act violated his rights to freedom of speech and press.
	library.thinkquest.org /11572/cc/cases/schenck.html (138 words)

	Stephanie Dispatch for KIDS!
		The court made their decision in the case of Charles Schenck vs. The United States.
		Charles Schenck was telling people not to become involved in World War I. WWI had lots of support from people, but there were also some Americans who were against it.
		Charles Schenck was arrested in Philadelphia, but appealed, saying that his First Amendment rights had been violated.
	www.ustrek.org /odyssey/semester2/012701kids/012701stephredskids.html (341 words)

	Schenck v. United States - HighBeam Encyclopedia (Site not responding. Last check: 2007-10-10)
		During World War I, Charles T. Schenck produced a pamphlet maintaining that the military draft was illegal, and was convicted under the Espionage Act of attempting to cause insubordination in the military and to obstruct recruiting.
		In his opinion for the Supreme Court, Justice Oliver Wendell Holmes rejected the argument that the pamphlet was protected by the First Amendment to the U.S. Constitution.
		Paul Schenck, NPLAC Director and Former Local Pastor, Keynotes Buffalo-area Pro-Life Banquet.
	www.encyclopedia.com /doc/1E1-schenckv.html (379 words)

	Schenck v. United States (1919)
		Charles Schenck was the general secretary of the Socialist Party of America.
		Schenck participated in many antiwar activities in violation of the Espionage Act, including the mailing of about 15,000 leaflets urging draftees and soldiers to resist the draft.
		The Schenck case stands as the first significant exploration of the limits of 1st Amendment free speech provisions by the Supreme Court.
	www.infoplease.com /us/supreme-court/cases/ar37.html (813 words)

	PH@school: The Living Constitution (Site not responding. Last check: 2007-10-10)
		Charles Schenck, General Secretary to the Socialist Party, wrote a leaflet opposing the draft, claiming that it was a "monstrous wrong" perpetrated against the masses by the wealthy few, and a violation of the Thirteenth Amendment's prohibition of slavery and involuntary servitude.
		Schenck and other members of his party printed about 15,000 of these pamphlets and mailed many to men who had been drafted.
		In a unanimous decision, the Court rejected Schenck's claim and upheld the constitutionality of the Espionage Act.
	www.phschool.com /atschool/constitution/constitution1b.html (270 words)

	Schenck v. United States - Wikisource
		United States, 249 U.S. 47 (1919), was a United States Supreme Court decision concerning whether the defendant possessed a First Amendment right to free speech against the draft during World War I. The defendant, Charles Schenck, a Socialist, circulated a flyer to recently drafted men.
		According to the testimony, Schenck said he was general secretary of the Socialist party, and had charge of the Socialist headquarters from which the documents were sent.
		On August 20, the general secretary's report said "Obtained new leaflets from printer and started work addressing envelopes" andc., and there was a resolve that Comrade Schenck be allowed $125 for sending leaflets through the mail.
	en.wikisource.org /wiki/Schenck_v._United_States (1552 words)

	Key Supreme Court Cases: Schenck v. United States (ABA Division for Public Education)
		It said that Schenck's pamphlets were intended to weaken the loyalty of soldiers and to obstruct military recruiting.
		Schenck answered by saying that the Espionage Act was unconstitutional.
		He said that it broke the First Amendment's promise the "Congress shall make no lawabridging the freedom of speech." After working its way through the federal courts, the case was judged by the Supreme Court in 1919.
	www.abanet.org /publiced/youth/sia/holtcases/schenck.html (755 words)

	TrustWatch Search
		for Theron Charles Schenck died in 1915 buried in Bridgeton twp Newaygo co Mi.he was was with his daughter and son in law Jesse and Mary...
		Charles Schenck, a former General Secretary of the Socialist Party USA, is notable for his involvement in the 1919 court case Schenck v.
		Charles Schenck a former General Secretary of the Socialist Party USA is notable for his involvement in the 1919 court case Schenck v United...
	www.trustwatch.com /search?q=Charles+Schenck (262 words)

	Schenck v (Site not responding. Last check: 2007-10-10)
		Charles Schenck, General Secretary of the Socialist Party USA, was indicted and tried for distributing 15,000 leaflets to prospective military draftees, in 1917, urging them to resist conscription on the grounds that it constituted "involuntary servitude," prohibited by the 15th Amendment.
		The government argued that Schenck's actions violated the Espionage Act.
		Schenck printed and distributed the leaflets, so we assume he intended to have some effect.
	www.comm.unt.edu /faculty/schenck_v.htm (124 words)

	Commentary - Sierra Times.com
		Schenck was the general secretary of the Socialist Party.
		Justice Oliver Wendell Holmes, who wrote the opinion for the unanimous court in Schenck, stated, "We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights.
		But, of course, in Schenck's case there was no evidence that Schenck had actually caused someone to evade the draft.
	www.sierratimes.com /archive/files/sep/17/edBR091701.htm (1769 words)

	Schenck v. United States - Wikipedia, the free encyclopedia
		United States, 249 U.S., was a United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I.
		This case is also the source of the phrase "shouting fire in a crowded theatre," a misquotation of Holmes's view that "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."
		As a result of the 9-0 decision, Charles Schenck spent six months in prison.
	en.wikipedia.org /wiki/Schenck_v._United_States (445 words)

	Perilous Times
		Charles Schenck was a general secretary for the Communist party who faced charges of distributing flyers that would cause "insubordination and obstruction," in the armed forces.
		He, among others, had been accused of urging draftees to oppose the draft and "not submit to intimidation." He was arrested under the Sedition Act of 1917, and his appeal went to the Supreme Court.
		United States would be used in a number of First Amendment cases during both World Wars to infringe upon Free Speech of anyone whose protest could be construed as negative to the war effort.
	home.comcast.net /~tom.mayer/schenckvus.htm (186 words)

	(Media Law and Ethics: How to brief a case - Prof. Lenert)
		Charles Schenck, a socialist, was convicted of violating the 1917 Espionage Act and the1918 Sedition Amendment because he published pamphlets protesting the US war efforts during World War I and urging others to resist the draft.
		The Supreme Court found that Schenck's pamphlets posed a threat to Congress's ability to wage war successfully.
		It held that Congress may, without violating the First Amendment, forbid the use of speech, such as Schenck's anti-war protest, that creates a "clear and present danger." Whether there is such a danger is a matter of "proximity and degree" and the "character of every act depends on the circumstances in which it is done.”
	forbin.qc.edu /mediastudies/m357/howto.htm (467 words)

	Descendants of Wolphert Gerretse Van Kouwenhoven - Person Page 1023
		Herbert Charles Foreman was the son of Herbert Foreman and Florence Conover.
		Charles D. Forman and Sarah E. Conover appeared on the census of June 23, 1880 at Freehold Twp., Monmouth County, New Jersey.
		Charles DuBois Forman was the son of John Fisher Throckmorton Forman and Fransinechy Vanderveer Smock.
	www.conovergenealogy.com /conover-p/p1023.htm (2004 words)

	[No title]
		The alleged crime of which the defendant Schenck was found guilty by the jury is the crime of conspiracy which is inevitably predicated upon the acts and criminal co–operation of at least two persons.
		The rule of law is clearly established that while the act of one conspirator in the prosecution of the enterprise is, after independent proof of the conspiracy, evidence against all of the conspirators, his admissions as to the existence of the conspiracy itself, are inadmissible in evidence against his alleged co–conspirators.
		If Schenck participated in any conspiracy, it must have been in the alleged conspiracy of the Executive Committee or not at all, and we repeat as to the defendant Schenck, there is not a scintilla of competent evidence to prove the existence of such a conspiracy.
	www.yale.edu /lawweb/avalon/curiae/html/249-47/001.htm (6360 words)

	Social Studies Webquest Assignment
		Schenck printed and mailed about 15,000 leaflets to men eligible for the draft.
		Schenck was arrested and convicted of violating the espionage Act of 1917.
		Charles Schenck’s right of free speech has been violated in our twenty-first century and is the Supreme Court decision constitutional or unconstitutional for our national security against terrorism.
	www.maxwell.syr.edu /plegal/tips/t5prod/floreswq1.html (485 words)

	Terry Eastland
		United States, decided in 1919, and its backdrop was World War I. Charles Schenck, a leader in the Socialist Party, mailed circulars to potential draftees urging them to assert their rights in opposition to the war and sign an anti-draft petition.
		Schenck contended that the law violated his free speech rights.
		Holmes's new "clear-and-present-danger test" was little consolation for Schenck, whose words were judged by a unanimous court to have failed it.
	www.jewishworldreview.com /1002/eastland100802.asp (758 words)

	The Court and Basic Rights
		On August 13, Charles T. Schenck (General Secretary of the Socialist Party of Philadelphia) ordered the printing and distribution of 16,000 circulars criticizing America's involvement in World War I, and specifically the use of the draft.
		Opinion: In a unanimous decision, the Suprme Court concluded that Schenck's political speech was not protected by the First Amendment, and the Court thereby upheld the constitutionality of the Espionage Act.
		The Court created a new test, the "incitement test" in its place, which limits the punishment of subversive speech even in times of war to specific conditions: the speech must specifically advocate violation of the law; it must call for immediate illegal action; and the illegal action must be likely to occur.
	www.historyofsupremecourt.org /history/basicrights/timeline.htm (12999 words)

	[No title]
		Charles Schenck, general secretary of the Socialist Party, was arrested for conspiring to print and circulate leaflets that would obstruct and hold up the enlistment service of the
		Charles Schenck, general secretary of the Socialist Party, printed and distributed leaflets that spoke against the draft.
		Schenck believed that rights given to him in the First Amendment allowed him to print and distribute these leaflets.
	www.maxwell.syr.edu /plegal/tips/t4prod/rockwq5.html (661 words)

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