USA HISTORY

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.”-Justice Oliver Wendell Holmes Which interpretation of the Bill of Rights does this statement illustrate?

(A) T he needs of the government are more important than civil liberties

(B) ** Constitutional protections of government are not absolute

(C) The Supreme Court can eliminate freedoms mentioned in the Bill of Rights

(D) The Bill of Rights does not safeguard individual freedoms

Concept note-1: -Under a strict scrutiny analysis, a law that restricts freedom of speech must achieve a compelling government interest and be narrowly tailored to that interest or be the least speech-restrictive means available to the government. Strict scrutiny also is used when a law targets a specific religious faith.

Concept note-2: -This is what Justice Oliver Wendell Holmes meant when he said: “the most stringent protection of free speech would not protect a man in falsely shouting fire in a crowded theatre and causing a panic."

Concept note-3: -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-4: -(1841–1935) retired from the Supreme Court in 1932, after serving for 29 years, he had become known as the Great Dissenter. He was viewed as a civil libertarian who protected the First Amendment from encroachments, particularly during World War I and the period of hostility to dissent that followed the war.