Schenk v. US
Year:Decided on March,3,1919
Results:0 votes Schenck, 9 votes against, in favor of US
Constitutional Issue:The Espionage act of 1917, and the free speech clause of the 1st amendment.
Civil Rights/Liberties:Civil Liberties
Significance:Held that Schenck was not protected in this situation.They said, "The character of every act depends on the circumstances," it established the "Clear and present danger" test.
Quote form Majority Opinion:Justice Holmes wrote this famous quote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
Dissent:There was none
6 Word Summary:Clear and present danger test established
Results:0 votes Schenck, 9 votes against, in favor of US
Constitutional Issue:The Espionage act of 1917, and the free speech clause of the 1st amendment.
Civil Rights/Liberties:Civil Liberties
Significance:Held that Schenck was not protected in this situation.They said, "The character of every act depends on the circumstances," it established the "Clear and present danger" test.
Quote form Majority Opinion:Justice Holmes wrote this famous quote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
Dissent:There was none
6 Word Summary:Clear and present danger test established
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