Schenck disliked the enlisting of soldiers under the Conscription Act, so he released a public message that stated that everyone should peacefully resist the Act placed during the Great War. He was charged with violating the Espionage Act for hindering recruitment. Holmes claimed that the First Amendment did not apply to the circumstance and could not protect Schenck's words. He explained that the US was at war, so they could not afford actions like Schenck's because they caused a "clear danger" to the nation. The government was afraid that people would listen to what Schenck said and therefore disobey the government. The case established the Congress as a restrictor of free speech during wartime when necessary.
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