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Speech & Press

Schenck v. United States

Decided: 1919

In brief

Upheld Espionage Act convictions, introducing the 'clear and present danger' test for restricting speech.

The Court's ruling in depth

Charles Schenck was convicted for distributing leaflets urging draft resistance during World War I. Justice Holmes's opinion for a unanimous Court coined the enduring analogy of 'falsely shouting fire in a theatre' and formulated the 'clear and present danger' test. Though later narrowed by Brandenburg, Schenck marked the beginning of the Supreme Court's sustained engagement with the First Amendment.

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