Significance of Schenck v. United States

Hard Unit 3: Civil Liberties & Rights Freedom Of Speech

In the landmark Supreme Court case Schenck v. United States (1919), Charles Schenck was convicted under the Espionage Act for distributing leaflets urging draft resistance during World War I. The Supreme Court, led by Justice Oliver Wendell Holmes Jr., introduced the 'clear and present danger' test to determine whether speech could be restricted under the First Amendment. Which of the following statements best reflects the significance of this case in relation to the limits placed on free speech?

It established that speech is always protected under the First Amendment.

It clarified that certain types of speech can be restricted if they pose a clear and present danger.

It affirmed that free speech can only be restricted during wartime.

It determined that all speech related to the government is subject to regulation.

Hint

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