Home > Great American Court Cases > Schenck v. United States

Legal Citation: 249 U.S. 47 (1919)

Appellant
Charles T. Schenck

Appellee
United States

Appellant's Claim
That his speech was protected by the First Amendment.

Chief Lawyers for Appellant
Henry J. Gibbons, Henry John Nelson

Chief Lawyer for Appellee
John Lord O'Brian

Justices for the Court
Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes (writing for the Court), Charles Evans Hughes, Joseph McKenna, James Clark McReynolds, Willis Van Devanter, Edward Douglass White

Justices Dissenting
None

Place
Washington, D.C.

Date of Decision
3 March 1919

Decision
Schenck's speech was not protected by the First Amendment and his conviction under the Espionage Act was upheld.

Significance
This case marked the first time...