Part 4/12:
The case at the heart of the discussion is Shank v. United States (1919), which was rooted in the prosecution of Socialist Party activists Charles Shank and Elizabeth Beays in Philadelphia during World War I. They printed and distributed pamphlets criticizing the military draft, asserting that it violated the 13th Amendment—which prohibits involuntary servitude—and advocating for peaceful resistance within constitutional boundaries.
Their Flyers: A Defense of Constitutional Rights
The flyers declared:
- "Long live the Constitution of the United States..." and emphasized that freedom of speech and the right to oppose conscription are derived from core constitutional principles.