Which part of the us constitution did charles schenck use in appealing his case to the scotus? why do you think he chose to use this part of the constitution?

In the Supreme Court case Schenck vs. United States, Schenck was arrested for handing out fliers to draft age men during World War I. These fliers encouraged men to avoid the draft. This was a direct violation of the Espionage Act established in 1917.

When brought to court Schenck, tried to claim that they his actions were protected by the first amendment (specifically the freedom of speech). Schenck most likely picked this amendment because the interpretation of what is protected free speech is constantly changing. Despite appealing to the Supreme Court, Schenck lost the case, as the judges argued that his speech presented a "clear and present danger" to American society.