When these war opponents publicized their opinion on the war, they were oftentimes fined or jailed. This was allowed to happen because of two pieces of legislation, the Espionage and Sedition Acts. The Espionage Act gave the postal officials the power to ban certain newspapers and magazines. It also instituted a fine of $10,000 for anyone who obstructed the draft; draft obstructer would also face twenty years in prison (“Espionage and Sedition Acts”). The Sedition Act extended the powers of the Espionage Act. This violation of the First Amendment was used as a major weapon against those who were expressing their negative opinions about the …show more content…
He publicized that the draft went against the Thirteenth Amendment, which outlawed involuntary servitude (U.S. Constitution. amend. XIII). Schenck declared that since not all men wanted to fight in the war, it was against the law for them to be forced to do so. In the court case Schenck v. United States, he was detained under the Espionage Act for obstructing the draft. The court decided that the First Amendment had certain limits which could be distorted depending on the circumstances. It was said that during wartime, there is a clear and present danger that allowed the limits of the amendment to become more lenient