Schenck decided to send out a message to the public that they peacefully resist the Conscription Act in place during the Great War. As a result, he was charged with the violation of the Espionage Act due to his obstruction to recruitment. Holmes declared that Schenck's words were not protected under the First Amendment because of the circumstances. The United States was at war, and therefore could not afford Schneck's actions because they caused a "clear and present danger" to the United States. The government feared people would follow Schenck's orders and disobey the government. This case essentially established that Congress had the right to limit free speech during wartime as deemed necessary.
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