USA HISTORY

AMERICAN IMPERIALISM 1890 1919

THE UNITED STATES IN WORLD WAR I

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
“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
Explanation: 

Detailed explanation-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.

Detailed explanation-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."

Detailed explanation-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.

Detailed explanation-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.

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