Ruling in Schenck v. United States, on March 3, 1919, the majority opinion declared, “The amendment of the Espionage Act by the Act of May 16, 1918, c. 75, 40 Stat. 553, did not affect the prosecution of offenses under the former.”
The question presented was:
“[W]hether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
The Ruling
You can read the final ruling in Schenck v. United States either in our read in full below, or click here for a PDF.
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