Schenck v. United States
Citation
249 U.S. 47 (1919)
Facts
Stub — to be completed.
Issue
Stub — to be completed.
Holding
Stub — to be completed.
Rule
Speech that creates a “clear and present danger” of a substantive evil that Congress has the right to prevent is not protected by the First Amendment; context matters (the famous “falsely shouting fire in a crowded theatre” analogy).
Significance
Holmes’ first articulation of the clear and present danger test; substantially limited by subsequent cases, now largely superseded by Brandenburg v. Ohio.