Schenck V.

United States
Rules:
9 Students will act as Supreme Court judges and rule on the case of Schenck v.
United States. Once they hand down their ruling, just like actual Supreme Court
judges they will need to put their ruling in writing.
1 Student will be Charles Schenck who will aid his attorneys in his own defense.
The remaining students will be broken up into two groups. The first group
representing attorneys for the United States and the second representing the
attorneys for Charles Schenck.

Setting the Scene: Each group will have to file pretrial papers focusing on two issues:
1) the major factors underlying the dispute between Charles Schenck and The U.S
Government. 2). The substance of anticipated testimony if you are a witness or your
opening statement before the court if you are an attorney and any exhibits
(evidence). Pretrial papers should be no more than 3 pages.
Students will only be able to consult case laws, amendments, and previous court
rulings that happened before 1919.

Material: Students will receive a series of sources to consult so long as their creation
was before 1919. They will be printed off and given to all sides. The State, The
Defense, and the Judges. Students may ask for more sources but must be approved
by the teacher to ensure students do not sneak peek at the final verdict handed
down by the Supreme Court.

Background: In 1919 Charles Schenck was an official of the US Socialist Party. He

distributed leaflets that called the draft a deed against humanity and compared
conscription to slavery, urging conscripts to assert your rights. Schenck was
convicted of sedition and sentenced to prison, but he argued that the conviction,
punishment, and even the law itself violated his right to free speech. The Supreme
Court agreed to hear his appeal.

Who wins?
The team presenting the most persuasive argument wins the trial. The winners in
this game will depend on who comes closes to the actual court decision.