Uncovering The Long History Of Hostility To Conscription In The US
It is common knowledge that free speech has legal limits in the public square. What may be less well known is that the famous Supreme Court ruling — refusing protection for “falsely shouting fire in a theater” — dealt with opposition to World War I and the military draft.
The case centered on Charles Schenck and Dr. Elizabeth Baer, Philadelphia socialists, who distributed 15,000 copies of a leaflet titled “Long Live the Constitution of the United States,” arguing that conscription was illegal. Coming three months after President Woodrow Wilson signed a bill creating a military draft, the leaflet said conscription was a clear violation of the 13th Amendment banning involuntary servitude.