WORLD HISTORY

Detailed explanation-1: -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.

Detailed explanation-2: -In Schenck v. United States (1919), the Supreme Court invented the famous “clear and present danger” test to determine when a state could constitutionally limit an individual’s free speech rights under the First Amendment.

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: -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. In Schenck v.

Detailed explanation-5: -In Schenck v. United States, Charles Schenck was charged under the Espionage Act for mailing printed circulars critical of the military draft. Writing for a unanimous Court, Justice Oliver Wendell Holmes upheld Schenck’s conviction and ruled that the Espionage Act did not conflict with the First Amendment.