WORLD HISTORY

WORLD WAR I

CAUSES AND COURSE OF THE WAR

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What was the ruling in Schenck v. US?
A
separate but equal is okay
B
free speech can be limited with “clear and present danger”
C
right to bear arms could be limited for immigrants
D
Sedition Act was unconstitutional
Explanation: 

Detailed explanation-1: -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-2: -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-3: -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-4: -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.

There is 1 question to complete.