At the turn of the 20th century, the Great War was on the horizon and those oppossed began to spread their opinions. During these tumultuous times, Charles Schenck began to circularate material in opposition to the draft to draft prospects. They urged to "not submit to intimidation" and advised peaceful actions to petition the Conscription Act and hopefully have the statue repealed. Schenck was in turn charged with the attempt to cause insubordination in the military in violation of the Espionage Act. His case went all the way to the Supreme Court, where he argued that he did not committ a crime as he has the right to free speech. Chief Justice Holmes and the other eight judges decided that Schenck was guilty as in this particular case his circulars caused a "clear and present danger." By this, Holmes meant that in the circulars was being suggested an action that would lead to "evils that Congress has the right to prevent" or that the law had the right to arrest Schenck. The justices added that while his actions would not have been punishable in peacetime, in the midst of war these anti-war feelings were a danger to the nation.
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