Part 7/12:
Shank and Beays were arrested for distributing their anti-draft pamphlet. Their conviction was based on the claim that their speech could promote disobedience within the military. They challenged the verdict, asserting that their constitutional rights—particularly free speech—had been violated.
The Supreme Court's Judgment: Holmes’ Dangerous Doctrine
The Supreme Court, in a unanimous decision, upheld the conviction, with Justice Oliver Wendell Holmes Jr. delivering the opinion. Holmes infamously contrasted protected speech with "falsely shouting fire in a theater", asserting that circumstances determine whether speech is protected. He argued that:
“The character of every act depends upon the circumstances in which it is done,”