Final answer:
Charles Schenck was charged with conspiracy to violate the Espionage Act of 1917 because he distributed pamphlets criticizing the draft during WWI. He argued that free speech protected his actions. However, the Supreme Court applied the 'clear and present danger' test, stating that in wartime, speech posing a threat to national security can be lawfully restricted.
Step-by-step explanation:
Charles Schenck, the defendant in the case titled Schenck v. United States, was charged with conspiracy to violate the Espionage Act of 1917. This was due to his role in distributing pamphlets criticizing the draft during World War I. Schenck argued that his actions were protected by the First Amendment's guarantee of free speech, but the Supreme Court disagreed, stating that in times of war, speech that presents a 'clear and present danger' to national security can be lawfully restricted. This decision established the 'clear and present danger' test as a standard for determining when speech can be legally restricted in interests of national security.
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