USA HISTORY

THE 1970S 1969 1979

SUPREME COURT CASE ROE V WADE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
In Schenck v US, justice Holmes said that speech can be restricted when it
A
is uttered by govt. officials in an effort to establish religion
B
is expressed on public property
C
advocates the violent overthrow of the US
D
provokes “clear & present danger” to the people
Explanation: 

Detailed explanation-1: -United States, legal case in which the U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded in the U.S. Constitution’s First Amendment could be restricted if the words spoken or printed represented to society a “clear and present danger.”

Detailed explanation-2: -Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with Brandenburg v. Ohio’s “imminent lawless action” test.

Detailed explanation-3: -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.

Detailed explanation-4: -Holmes held that the circulated literature created a danger during wartime in that it might lead men to refuse to serve or to desert service. The decision in Schenck was only one of others providing a basis for regulating the content of speech during wartime.

There is 1 question to complete.