In Schenk v. US, what precedent regarding free speech was established?

Get more with Examzify Plus

Remove ads, unlock favorites, save progress, and access premium tools across devices.

FavoritesSave progressAd-free
From $9.99Learn more

Prepare for the APGAP Winter Term Exam with comprehensive study guides, flashcards, and detailed insights into the exam format. Maximize your success with targeted practice questions and expert tips for effective preparation.

The case of Schenk v. United States (1919) established a significant precedent concerning the limitations of free speech, particularly in the context of wartime. The Supreme Court recognized that while the First Amendment guarantees the right to free speech, this right is not absolute and can be restricted under certain circumstances, particularly when such speech poses a "clear and present danger" to the nation.

In Schenk, the defendant was charged for distributing leaflets that urged resistance to the draft during World War I. The Supreme Court ruled that the government could limit free speech if it presents a significant and immediate threat—highlighting that in times of war, the need to maintain national security and public order could justify restrictions on speech that would otherwise be protected.

This decision laid the groundwork for the understanding that free speech is subject to scrutiny and can be limited in situations where it could lead to potential harm or disrupt governmental operations. The distinction between protected speech and speech that poses a clear threat is crucial in constitutional law, especially during times of national crisis.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy