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Charles T. Schenck

Released
Full name:Charles Schenck
Date of birth:1877
Date of death:15. 12. 1964
Age:87 Deceased
Gender:Male
Race:White
Era:1910s
State:Pennsylvania
Time Imprisoned:
1 Year 6 Months 0 Days
Support
Anti-Militarism Anti-War Socialism Anarchism
No image available

Biography

Charles T. Schenck General Secretary of the Socialist Party of Philadelphia. In August 1917 the local printed ~15, 000 antidraft leaflets ("Long Live the Constitution... Wake Up, America!") urging draftees to assert their Thirteenth Amendment rights. Arrested in a raid on the SP Philadelphia office, convicted in late 1917. His unanimous SCOTUS appeal produced Schenck v. United States, 249 U.S. 47 (1919) — Justice Holmes's landmark "clear and present danger" / "fire in a crowded theatre" dictum. Served six months in federal prison.

Case

Charges: Conspiracy to violate Espionage Act §3 — obstructing recruitment via mailed antidraft leaflets.
Arrested: Aug 14, 1917
Sentenced: Jan 14, 1918
Incarcerated: Jan 14, 1918
Released: Jul 14, 1919
Sentence: 6 months federal prison Charges as recorded: Conspiracy to violate Espionage Act §3 — obstructing recruitment via mailed antidraft leaflets. Affirmed Schenck v. United States, 249 U.S. 47 (1919).
Convicted: Yes