Schenck v. United States (1919)
Speech creating a “clear and present danger” is not protected by the First Amendment
Schenck v. United States was a landmark Supreme Court case in the United States decided in 1919. The case involved the prosecution of Charles Schenck, a Socialist Party leader who had been charged with violating the Espionage Act of 1917. Schenck had produced and distributed leaflets urging young men to avoid the draft during World War I.
The Supreme Court upheld Schenck’s conviction, ruling that his actions were not protected by the First Amendment’s guarantee of free speech. The Court held that Schenck’s speech was equivalent to “shouting ‘fire’ in a crowded theater,” and that such speech could be restricted if it presented a “clear and present danger” to national security.
The case established the principle that the government has the right to restrict free speech in times of war or other national crises in order to prevent harm to the country. The “clear and present danger” test became the standard for evaluating free speech cases in the years that followed.
However, the case also has been criticized for its broad interpretation of the “clear and present danger” test, which has been used to limit free speech in cases that do not present an immediate and direct threat to national security. Some legal scholars argue that Schenck v. United States represents a dangerous precedent that has been used to justify the suppression of political dissent and free expression.
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