- This case had been a landmark decision in regarding the issues of free speech and its relation to the Espionage Act and Sedition Act.
- The case arose when Schenck mailed leaflets to those selected to be drafted, warning them to attempt to avoid the draft (as he considered conscription wrong).
- The case had been brought to the Supreme Court and it had been decided that Schenck was going beyond the jurisdiction of the first amendment -- he had been convicted for violating the Espionage Act and the Sedition Act. This created the precedent of War negatively affecting free speech.