(Oliver Wendell Holmes, Jr., Chief Justice Edward White, 9-0, 1919) The Espionage Act of 1917 prohibited—among other things—any attempt to inhibit recruitment by the U.S. Armed Forces. Charles Schenck was a Socialist who opposed conscription and distributed literature urging readers to resist the draft. Follwing his arrest and conviction, he appealed, claiming that his advocacy was protected speech covered by the First Amendment. Writing for a unanimous court, Justice Holmes claimed the First Amendment does not protect speech that creates a 'clear and present danger,' and that 'the most stringent protection of free speech would not protect a man in falsely shouting 'fire' in a theatre.'