During World War I, Schenck mailed out advertisement circulars to the draftees of the United States. The circulars states that the draft was a "monstrous wrong" that was motivated by the capitalist system. Essentially, the flyers advised against submitting to the draft and stated that men peacefully petition to repeal the Conscription Act. Schenck was charged for his actions.
The big question that was posed during this case was whether or not Schenck had the right to do this because of the First Amendment of free speech.
The court's conclusion was that Schenck was not protected by the amendment and every case had to be judged considering the specific circumstances. In this case, "utterances tolerable in peacetime can be punished" during war.
"Clear and Present Danger" addressed this idea that the Supreme Court can determine under what circumstances limits can be placed on the First amendment freedoms of speech, press or assembly.
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