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 opinion
Read the full rulingPDF · 238.99 KBPublished by the Library of Congress.
Oral argument
No recording. The Court did not begin taping oral argument until 1955.
