In 1918 Schenck was charged with violating the Espionage Act by mailing out pamphlets to draftees into WWI urging them to protest the draft. Schenck argued that he was protected by hi First Amendment rights of freedom of speech and petition. But the Supreme Court, led by Justice Oliver Holmes, ruled that they did not protect him in this case because during war time it posed an immediate danger to the country and said that being during wartime they were evils Congress had the power to protect against.
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