WORLD HISTORY

WORLD WAR I

CAUSES AND COURSE OF THE WAR

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
According to the Schenck v. U.S. decision, when can the gov’t limit free speech?
A
never
B
when it presents a clear & present danger to the public
C
when it’s against the president
D
when it is racist or hate speech
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: -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-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: -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. United States, 249 U.S. 47 (1919).

Detailed explanation-5: -The clear and present danger test features two independent conditions: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat. The court had to identify and quantify both the nature of the threatened evil and the imminence of the perceived danger.

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