USA HISTORY

The “clear and present danger” doctrine stated by the Supreme Court in the case of Schenck v. United State had an important impact on the Bill of Rights because it

(A) limited the power of the president

(B) clarified standards for a fair trial

(C) ** placed limits on freedom of speech

(D) expanded the rights of persons accused of crimes

Concept note-1: -The Court ruled in Schenck v. United States (1919) that speech creating a “clear and present danger” is not protected under the First Amendment. This decision shows how the Supreme Court’s interpretation of the First Amendment sometimes sacrifices individual freedoms in order to preserve social order.

Concept note-2: -United States, 249 U.S. 47 (1919) If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime, the First Amendment does not protect the speaker from government action.

Concept note-3: -In the landmark Schenck v. United States, 249 U.S. 47 (1919), the Supreme Court affirmed the conviction of Charles Schenck and Elizabeth Baer for violating the Espionage Act of 1917 through actions that obstructed the “recruiting or enlistment service” during World War I.

Concept note-4: -The Court ruled that freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created “a clear and present danger.” Bluebook Citation: Schenck v.