What Is Schenck's First Amendment Rights

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During the First World War, Schenck passed out flyers to those that were recently drafted for the war. In the flyers, he called the draft a “monstrous wrong,” and used other negative phrasing. He urged for the draftees to petition to repeal the military draft act. Schenck was charged with violation of the Espionage Act. In response, Schenck said that the Espionage Act violated his First Amendment Rights, and the case was appealed to the Supreme Court.

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