schenck argued decided march henry john nelson henry johns gibbons philadelphia plaintiffs error john lord buffalo justice holmes delivered opinion indictment three counts first charges conspiracy violate espionage act june tit stat comp causing attempting cause insubordination military naval forces obstruct recruiting enlistment service war german empire defendant wilfully conspired printed circulated men called accepted military service act may stat comp document set forth alleged calculated cause insubordination obstruction count alleges overt acts pursuance conspiracy ending distribution document set forth second count alleges conspiracy commit offense use mails transmission matter declared title act june comp mentioned document averment overt acts third count charges unlawful use mails transmission matter otherwise defendants found guilty counts set first amendment constitution forbidding congress make law abridging freedom speech press bringing case ground argued points also must dispose argued evidence admissible sufficient prove defendant schenck concerned sending documents according testimony schenck said general secretary socialist party charge socialist headquarters documents sent identified book found minutes executive committee party book showed resolution august leaflets printed side one use mailed men passed exemption boards distribution schenck personally attended printing august general secretary report said new leaflets printer started work addressing envelopes resolve comrade schenck allowed sending leaflets mail said fifteen sixteen thousand printed files circular question inner office said printed side one sided circular distribution copies proved sent mails drafted men without going confirmatory details proved reasonable man doubt defendant schenck largely instrumental sending circulars defendant baer evidence member executive board minutes transactions argument sufficiency evidence defendants conspired send documents impairs seriousness real defence objected documentary evidence admissible obtained upon search warrant valid far appears contrary established adams new york sup weeks sup ann cas search warrant issue defendant socialist headquarters arch street seem documents technically even defendants possession see johnson sup notwithstanding protest argument notion evidence even directly proceeding defendant criminal proceeding excluded cases fifth amendment plainly unsound holt sup document question upon first printed side recited first section thirteenth amendment said idea embodied violated conscription act conscript little better convict impassioned language intimated conscription despotism worst form monstrous wrong humanity interest wall street chosen said submit intimidation form least confined peaceful measures petition repeal act later printed side sheet headed rights stated reasons alleging one violated constitution refused recognize right assert opposition draft went assert support rights helping deny disparage rights solemn duty citizens residents retain described arguments side coming cunning politicians mercenary capitalist press even silent consent conscription law helping support infamous conspiracy denied power send citizens away foreign shores shoot people lands added words express condemnation ruthlessness deserves winding must share maintain support uphold rights people country course document sent unless intended effect see effect expected upon persons subject draft except influence obstruct carrying defendants deny jury might find point said suppose tendency circular protected first amendment constitution two strongest expressions said quoted respectively public men well may prohibition laws abridging freedom speech confined previous restraints although prevent may main purpose intimated patterson colorado sup ed ann cas admit many places ordinary times defendants saying said circular within constitutional rights character every act depends upon circumstances done aikens wisconsin sup stringent protection free speech protect man falsely shouting fire theatre causing panic even protect man injunction uttering words may effect force gompers buck stove range sup ed question every case whether words used used circumstances nature create clear present danger bring substantive evils congress right prevent question proximity degree nation war many things might said time peace hindrance effort utterance endured long men fight regard protected constitutional right seems admitted actual obstruction recruiting service proved liability words produced effect might enforced statute section comp punishes conspiracies obstruct well actual obstruction act speaking circulating paper tendency intent done perceive ground saying success alone warrants making act crime goldman sup ed indeed case might said dispose present contention precedent covers media concludendi right free speech referred specially thought fit add words argued conspiracy obstruct draft within words act words recruiting enlistment service might suggested refer making hard get volunteers recruiting heretofore usually accomplished getting volunteers word apt call method minds recruiting gaining fresh supplies forces well draft otherwise put alternative enlistment voluntary enrollment act fact act enlarged amending act may stat course affect present indictment even former act repealed rev comp judgments affirmed