Schenck v. United States, 249 U.S. 47 (1919), is a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I. Mr. Schenck sent out letters to men encouraging them to petition to repeal the Conscription Act (required all men in a certain age range to volunteer for the military). Schenck was charged with conspiracy to violate the Espionage Act by causing insubordination in the military and to obstruct recruitment. He said he was practicing his free speech. The court decided in favor of the United States (9-0). Justice Holmes said that the circumstances made it so his actions hurt the welfare of the nation due to the "present danger" which was the fear that was spreading throughout America, as they were at war and needed to maintain their power. This essentially meant that in different circumstances, the same action could produce a danger for the Federal Government or the American people. By disrupting the conscription during the Great War, at a time when the Federal Government needed men to serve, Schenck was creating a danger.Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case. In both cases freedoms of speech were "violated".
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