During World War I, Schenck mailed letters to draftees telling them that the draft was a monstrous thing and that the draftees should not "submit to the intimidation."Schenck continued to oppose the draft by protesting the Conscription Act. The main question that arose in his trial was "Are Schenck's words protected by the free speech clause of the 1st Amendment?" This became a difficult question because that freedom of speech clause said the freedom of speech is allowed unless it is libelous or harmful. Holmes, the lawyer on this case, determined that Schenck was not protected in this situation. Holmes references a "clear and present danger" in his final decision when discussing Schenck's actions. Schenck's actions were a danger to the United States do to the fact that he was trying to persuade people to not do their duty as an American citizen by honoring their country. Holmes felt that Congress has the right to dissuade Schenck's evil.
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